New York Central Mutual Fire Insurance v. Alston

In a proceeding pursuant to CPLR 7503 to stay an arbitration of a claim for uninsured motor vehicle benefits, the petitioner appeals from an order of the Supreme Court, Nassau County (McCarty, J.), entered September 23, 2002, which denied the petition and dismissed the proceeding.

Ordered that the order is reversed, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and determination as to whether the insurance policy issued by Ohio Casualty of New Jersey, Inc., was in force at the time of the accident; and it is further,

Ordered that arbitration is temporarily stayed…