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MATTER OF GREAT N. INS. CO. v. SCHWARTZAPFEL

2020-06563. Index No. 601491/20.

216 A.D.3d 781 (2023)

189 N.Y.S.3d 244

2023 NY Slip Op 02515

In the Matter of Great Northern Insurance Company, Appellant, v. Steven J. Schwartzapfel, Respondent.

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

Decided May 10, 2023.

Attorney(s) appearing for the Case

Coffey Modica O'Meara Capowski, LLP, White Plains, NY ( Sofya Uvaydov of counsel), for appellant.

Law Offices of Steven Cohn, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac ], of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Zayas and Voutsinas, JJ., concur.

In a proceeding pursuant to CPLR article 75, inter alia, to temporarily stay arbitration of an uninsured motorist claim pending completion of discovery, the petitioner appeals from an order of the Supreme Court, Nassau County (Arthur M. Diamond, J.), entered July 13, 2020. The order denied the petition and dismissed the proceeding as untimely.

Ordered that the order is affirmed, with costs.

Steven J. Schwartzapfel, through counsel, sent the petitioner, Great...

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