In re the Arbitration between State Farm Mutual Automobile Liability Insurance & Connolly

Appeal from an order of the Supreme Court (Kavanagh, J.), entered February 25, 2005 in Ulster County, which granted petitioner’s application pursuant to CPLR 7503 to temporarily stay arbitration between the parties.

Respondent Robert Connolly (hereinafter respondent) was involved in a motor vehicle accident with a driver whose vehicle insurance could not be confirmed at the time. Thereafter, respondent served petitioner, his insurance carrier, with a demand for uninsured motorist arbitration. When it was discovered that the driver was, in fact, insured by respondent Hudson Insurance Company,…