Allstate Insurance v. Slomowicz

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, John Slomowicz and Sara Slomowicz appeal from so much of an order of the Supreme Court, Kings County (Garry, J.), dated April 19, 2000, as, in effect, upon granting that branch of their motion which was to vacate a prior order of the same court, dated December 9, 1999, directing the petitioner to file a note of issue for a hearing, denied those branches of their motion which were to dismiss the proceeding as abandoned pursuant to 22 NYCRR 202.48, and as untimely commenced pursuant to…