State Farm Mutual Automobile Insurance v. Pridhodko

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, Fedor Pridhodko appeals from an order of the Supreme Court, Kings County (Douglass, J.), dated June 23, 2005, which granted the petitioner’s motion, inter alia, to stay arbitration pending completion of discovery.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The appellant’s filing of a notice of appeal from the order dated June 23, 2005, did not result in an automatic stay of enforcement of that order (see CPLR 5518, 5519 [a]; Governale…