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MATTER OF NATIONWIDE MUTUAL INSURANCE COMPANY v. McMILLAN

288 A.D.2d 224 (2001)

732 N.Y.S.2d 431

In the Matter of NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent, v. JAMES McMILLAN, Appellant.

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

Decided November 5, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the petition to permanently stay arbitration. It was within the Supreme Court's discretion to consider the appellant's admission contained in the police accident report and hospital records and to weigh it accordingly (see, Matter of Rhodes, 203 A.D.2d 46; Barzaghi v Maislin Transp., 115 A.D.2d 679

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