State Farm Insurance v. Eagle Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 for a permanent stay of an uninsured motorist arbitration, Eagle Insurance Company appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), dated August 19, 1998, which granted the petition.
Ordered that the appeal is dismissed, with costs.
The record on appeal contains no proof that the appellant, Eagle Insurance Company (hereinafter Eagle), submitted any papers in opposition to the petition for a stay. The record is likewise devoid of proof that any evidentiary hearing was held, and, in its respondent’s brief, State Farm…
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