MATTER OF STATE FARM INS. CO. v. CALVELLO

936 CA 21-00494.

199 A.D.3d 1395 (2021)

154 N.Y.S.3d 549

2021 NY Slip Op 06282

In the Matter of State Farm Insurance Company, Respondent, v. Mark A. Calvello, Appellant.

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

Decided November 12, 2021.


Attorney(s) appearing for the Case

VIOLA CUMMINGS & LINDSAY, LLP, NIAGARA FALLS ( MICHAEL J. SKONEY OF COUNSEL), FOR RESPONDENT-APPELLANT.

HAGELIN SPENCER LLC, BUFFALO ( RICHARD J. PORTER OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present— Centra, J.P., Lindley, Curran, Troutman and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the petition is dismissed.

Memorandum: After sustaining injury in an automobile collision, respondent insured served on petitioner insurer a notice of intention to arbitrate the parties' dispute over supplemental uninsured motorist benefits. More than 20 days after receiving that notice, petitioner filed a petition seeking a stay of arbitration...

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