Matter of Progressive Specialty Ins. Co. v Alexis

Matter of Matter of Progressive Specialty Ins. Co. v Alexis 2011 NY Slip Op 09332 Decided on December 20, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
2010-10095
(Index No. 1583/10)

[*1]In the Matter of Progressive Specialty Insurance Company, appellant,

v

Stephen Alexis, et al., respondents-respondents, et al., respondents.




Adams, Hanson, Finder, Hughes, Rego, Kaplan and Fishbein,
Yonkers, N.Y. (Michael A. Zarkower of counsel), for appellant.
Dinerman Bergam & Dinerman, LLP, New York, N.Y. (Barry
M. Dinerman of counsel), for
respondents-respondents.


DECISION & ORDER

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Onofry, J.), dated September 3, 2010, as denied that branch of the petition which was to direct disclosure in aid of arbitration pursuant to CPLR 3102(c).

ORDERED that the order is affirmed insofar as appealed from, with costs.

The petitioner commenced this proceeding to stay arbitration of an uninsured motorist claim. As part of its application, the petitioner requested disclosure in aid of arbitration pursuant to CPLR 3102(c).

The Supreme Court properly denied that branch of the petition which was to direct disclosure in aid of arbitration pursuant to CPLR 3102(c), as the petitioner failed to demonstrate that "extraordinary circumstances" existed such that this relief would be absolutely necessary for the protection of its rights (De Sapio v Kohlmeyer, 35 NY2d 402, 406 [internal quotation marks omitted]; see Matter of Government Empls. Ins. Co. v Morris, 83 AD3d 709, 710; Matter of Travelers Indem. Co. v United Diagnostic Imaging, P.C., 73 AD3d 791, 791-792).
ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court