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MATTER OF NATIONWIDE MUTUAL INSURANCE COMPANY

272 A.D.2d 940 (2000)

712 N.Y.S.2d 712

In the Matter of the Arbitration between NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent, and JEFFREY STEBER et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 10, 2000.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the petition seeking a permanent stay of arbitration of respondents' supplemental uninsured motorist (SUM) claim. Petitioner supported its application with proof that respondents waited 30 months after the accident to provide notice of their SUM claim. The burden was on respondents to explain their delay (see, Unwin v New...

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