In re the Arbitration between American Transit Insurance & Lewis

*731OPINION OF THE COURT

Edward H. Lehner, J.

At issue on this motion is whether purchasing an index number and filing a notice of petition within 20 days of receipt of the demand for arbitration and effecting service within 15 days of such filing constitutes a timely application to stay arbitration under CPLR 7503 (c) when no petition was in existence on the date of the filing of the notice of petition.

The relevant facts are undisputed. Petitioner received respondent’s demand for uninsured motorist arbitration on February 8, 1993. Thereafter, on Monday, March 1, 1993, petitioner purchased an index…