Scott v. Allstate Insurance

In a proceeding pursuant to CFLR article 75 to vacate an arbitration award dated October 16, 2005, dismissing the *691petitioners’ claims for uninsured motorists’ benefits, the petitioners appeal from an order of the Supreme Court, Kings County (Vaughan, J.), dated August 3, 2006, which, sua sponte, denied the petition and dismissed the proceeding on the ground of improper service.

Ordered that on the Court’s own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed,…