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MATTER OF ALLSTATE INS. CO.

No. 685 CA 20-01553.

198 A.D.3d 1354 (2021)

152 N.Y.S.3d 652

2021 NY Slip Op 05418

In the Matter of the Arbitration between Allstate Insurance Company, Appellant, and James M. Twomey, Respondent.

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

Decided October 8, 2021.

Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( JUSTIN L. HENDRICKS OF COUNSEL), FOR PETITIONER-APPELLANT.

FINN LAW OFFICES, ALBANY ( RYAN M. FINN OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Whalen, P.J., Smith, Lindley, Troutman and Winslow, JJ.

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

Memorandum: In this proceeding seeking to stay arbitration related to supplementary uninsured/underinsured motorist (SUM) coverage and to compel discovery in aid of arbitration pursuant to CPLR 3102(c), Supreme Court did not err in denying the petition. The record here establishes that "petitioner... had ample time ... within which to seek discovery of the respondent insured...

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