Legal Opinion

Mutual Service Casualty v. Cedeno

Appellate Division of the Supreme Court of the State of New York

Decided June 11, 2001Published

1Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of two claims for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (I. Aronin, J.), dated August 4, 2000, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements. .

The Supreme Court properly denied the petition as untimely (see, CPLR 7503 [c]; Matter of Colonial Penn Ins. Co. v Ennab, 168 AD2d 494; cf., Matter of Metropolitan Prop. & Liab. Ins. Co. v Boisette, 105 AD2d 785; Matter of Empire Mut. Ins.…

2Cases cited2 opinions

  1. Metropolitan Property & Liability Insurance v. BoisetteAppellate Division of the Supreme Court of the State of New York · 1984
  2. Colonial Penn Insurance v. EnnabAppellate Division of the Supreme Court of the State of New York · 1990

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