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MATTER OF AUTO ONE INSURANCE COMPANY v. LOPEZ

2010-10650

88 A.D.3d 701 (2011)

930 N.Y.S.2d 883

2011 NY Slip Op 7037

In the Matter of AUTO ONE INSURANCE COMPANY, Respondent, v. JUAN LOPEZ et al., Appellants, et al., Proposed Respondents.

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

Decided October 4, 2011.

Ordered that the order is affirmed, with costs.

CPLR 7503 (c) requires that an application to stay arbitration be made within 20 days after service of a notice of intention to arbitrate (see Matter of Fiveco, Inc. v Haber, 11 N.Y.3d 140, 144 [2008]). "[T]he timeliness of a proceeding for a stay of arbitration is measured with respect to the earlier filing of the petition, not with respect to its later service" (Matter...

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