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IN THE MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. DOWLING

5 A.D.3d 277 (2004)

774 N.Y.S.2d 679

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. COLLEEN DOWLING, Respondent.

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

March 23, 2004.

The application to stay arbitration was properly denied on the ground that it was not made within 20 days after service of respondent's demand (CPLR 7503 [c]). It does not avail petitioner that it timely commenced a proceeding to stay the arbitration in Queens County, which the Queens County court ordered transferred to New York County, and that it instituted the instant stay proceeding only because of ministerial difficulties it encountered in effectuating the transfer ...

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