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IN THE MATTER OF EVEREADY INSURANCE COMPANY v. MODESTE

25 A.D.3d 695 (2006)

810 N.Y.S.2d 89

In the Matter of EVEREADY INSURANCE COMPANY, Appellant, v. JOSEPH MODESTE et al., Respondents.

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

January 24, 2006.

Ordered that the order is affirmed, without costs or disbursements.

By order dated December 19, 2003, the Supreme Court temporarily stayed arbitration of the subject uninsured motorist claim and joined Southern United Fire Insurance Company (hereinafter Southern United), the purported insurer of the offending vehicle, as a necessary party respondent. The court also referred the matter to a Judicial Hearing Officer (hereinafter

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