MATTER OF GOVERNMENT EMPLS. INS. CO. v. MAIO

2021-02751. Index No. 522910/18.

219 A.D.3d 1519 (2023)

196 N.Y.S.3d 530

2023 NY Slip Op 04768

In the Matter of Government Employees Insurance Company, Appellant, v. Josine A. Maio, Respondent. Chelsea Rental Corp. et al., Additional Respondents.

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

Decided September 27, 2023.


Attorney(s) appearing for the Case

James G. Bilello & Associates, Hicksville, NY ( Susan J. Mitola of counsel), for appellant.

Rubenstein & Rynecki, Brooklyn, NY ( Harper A. Smith and Michael J. Kesselman of counsel), for respondent-respondent.

Hickey Smith Dodd, LLP, New York, NY ( Robert J. Dunne of counsel), for additional respondents-respondents.

Barros, J.P., Chambers, Warhit and Taylor, JJ., concur.


In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Richard N. Allman, Ct. Atty. Ref.), dated April 7, 2021. The order, insofar as appealed from, after a framed-issue hearing, denied that branch of the petition which was to permanently stay arbitration and, in effect, dismissed the proceeding.

Ordered that the order...

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