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MATTER OF NEW YORK SCHOOLS INSURANCE RECIPRCAL v. PATRICIA ARMITAGE

CA 10-02172.

82 A.D.3d 1628 (2011)

919 N.Y.S.2d 408

In the Matter of NEW YORK SCHOOLS INSURANCE RECIPRCAL, Appellant, v. PATRICIA ARMITAGE, Respondent. ALEX CELNKER et al., Proposed Additional Respondents.

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

Decided March 25, 2011.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from an order denying its petition seeking a permanent stay of arbitration. Respondent sought arbitration following petitioner's denial of her claim for no-fault insurance benefits. The propriety of the denial of benefits is a "dispute involving the insurer's liability to pay first party benefits" (Insurance Law § 5106 [b]), and we therefore...

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