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MATTER OF PROGRESSIVE CASUALTY INSURANCE COMPANY v. GARCIA

2015-12225, Index No. 603122/15.

140 A.D.3d 886 (2016)

33 N.Y.S.3d 385

2016 NY Slip Op 04421

In the Matter of PROGRESSIVE CASUALTY INSURANCE COMPANY, Respondent, v. FRANCISCO GARCIA et al., Appellants.

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

Decided June 8, 2016.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed as time-barred.

"`CPLR 7503 (c) requires that an application to stay arbitration be made within 20 days after service of a notice of intention to arbitrate'" (Matter of State Farm Mut. Auto. Ins. Co. v Urban, 78 A.D.3d 1064, 1065 [2010], quoting Matter of Liberty Mut. Ins. Co. v Zacharoudis,

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