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MATTER OF SWEET v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

287 A.D.2d 510 (2001)

731 N.Y.S.2d 391

In the Matter of LAYLEN SWEET, Appellant, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP. et al., Respondents.

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

Decided October 9, 2001.

Ordered that the order is affirmed, with costs.

The record fails to establish that the identities of the motor vehicle and the owner and operator involved in this hit-and-run accident were unknown or not ascertainable through reasonable efforts (see, Insurance Law § 5218 [a], [b] [5]). As found by the Supreme Court, the identities of an eyewitness and a passenger in the alleged offending vehicle were noted in the police accident report. The petitioner...

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