Matter of Government Empl. Ins. Co. v Hendricks-Arjune

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Matter of Government Empl. Ins. Co. v Hendricks-Arjune 2019 NY Slip Op 32012(U) June 27, 2019 Supreme Court, New York County Docket Number: 651552/2019 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 07/05/2019 12:43 PM INDEX NO. 651552/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/05/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. DEBRA A. JAMES Justice ----------------------------------------------------------------------------X IN THE MATTER OF THE APPLICATION OF GOVERNMENT EMPLOYEES INSURANCE COMPANY TO STAY ARBITRATION, IAS MOTION 59EFM 651552/2019 INDEX NO. 06/27/2019 MOTION DATE Petitioner, 001 MOTION SEQ. NO. -vMARGARET HENDRICKS-ARJUNE, Respondent., and DECISION AND ORDER CESA CARS INC. and AMERICAN TRANSIT INSURANCE COMPANY, Proposed Additional Respondents. ------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 10, 16, 20, 21 were read on this motion to/for STA Y ORDER Upon the foregoing documents, it is ORDERED that the petition to stay arbitration is granted to the extent that a framed hearing is directed of the issue as to coverage, i.e. whether the offending vehicle was in fact "uninsured "and the arbitration is stayed pending such trial; and it is further This matter having come on before this court on June 27, 2019, on motion of the petitioner for an order granting a stay of arbitration, and the petitioner 651552/2019 IN THE MATTER OF THE vs. HENDRICKS-ARJUNE, MARGARET Motion No. 001 1 of 5 having appeared Page 1of5 by [*FILED: 2] NEW YORK COUNTY CLERK 07/05/2019 12:43 PM INDEX NO. 651552/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/05/2019 Vincent C. Gerruna, Esq., and the respondents having appeared by Scott 1. Wiss, Esq. and, Jacqueline I. Roman pursuant to CPLR 4212, the parties having consented to the appointment of a referee to hear and report, and it appearing to the court that an appointment on consent is appropriate , it is now hereby ORDERED that a Judicial Hearing Officer ("JHO") or Special Referee shall be designated to hear and report to this court on the following issue of fact, which is hereby submitted to the JHO/Special Referee for such purpose the issue of whether the offending vehicle, a 2016 Toyota bearing plate number T714904C was in fact "uninsured" on September 11, 2018; and it is further ORDERED that the powers of the JHO/Special Referee shall not be limited beyond the limitations set forth in the CPLR and it is further ORDERED that this matter is hereby referred to the Special Referee Clerk (Room 119, 646-386-3028 or spref@nycourts.gov) for placement at the earliest possible date upon the calendar of the Special Referees Part (Part SRP), which, in accordance with the Rules of that Part (which are posted on the website of this court at www.nycourts.gov/supctmanh at the "References" link ), assign this matter at the initial appearance 651552/2019 IN THE MATTER OF THE vs. HENDRICKS-ARJUNE, MARGARET Motion No. 001 2 of 5 to an shall available Page 2 of 5 [*FILED: 3] NEW YORK COUNTY CLERK 07/05/2019 12:43 PM NYSCEF DOC. NO. 22 INDEX NO. 651552/2019 RECEIVED NYSCEF: 07/05/2019 JHO/Special Referee to hear and report as specified above; and it is further ORDERED that counsel shall immediately consult one another and counsel for petitioner shall, within 15 days from the date of this Order, submit to the Special Referee Clerk by fax 9186) or e-mail "References" link an on information called for Information the court's Sheet (accessible website) therein and that, (212-401- containing as soon as at the all the practical thereafter, the Special Referee Clerk shall advise counsel for the parties of the date fixed for the appearance of the matter upon the calendar of the Special Referees Part; and it is further ORDERED that the parties shall appear for the reference hearing, including with all witnesses and evidence they seek to present, and shall be ready to proceed with the hearing, on the date fixed by the Special Referee Clerk for the initial appearance in the Special Referees Part, subject only to any adjournment that may be authorized by the Special Referees Part in accordance with the Rules of that Part; and it is further ORDERED that, except as otherwise directed by the assigned JHO/Special Referee for good cause shown, the trial of the issue specified above shall proceed from day to day until completion and counsel must arrange their schedules and those of their witnesses accordingly; and it is further 65155212019 IN THE MATTER OF THE vs. HENDRICKS-ARJUNE, MARGARET Motion No. 001 3 of 5 Page 3 of 5 [*FILED: 4] NEW YORK COUNTY CLERK 07/05/2019 12:43 PM INDEX NO. 651552/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/05/2019 ORDERED that counsel shall file memoranda or other documents directed to the assigned JHO/Special Referee in accordance with the Uniform Rules of the Judicial Hearing Officers and the Special Referees (available at the "References" link on the court's website) by filing same with the New York State Courts Electronic Filing System (see Rule 2 of the Uniform Rules); and it is further ORDERED that any motion to confirm or disaffirm the Report of the JHO/Special Referee shall be made within the time and in the manner specified in CPLR 4403 and Section 202.44 of the Uniform Rules for the Trial Courts; and it is further ORDERED that, unless otherwise directed by this court in any Order that may be issued together with this Order of Reference to Hear and Report, the issues presented in any motion identified in the first submission paragraph of the hereof Report shall of the be held in JHO/Special abeyance Referee pending and the determination of this court thereon. ORDERED that petitioner shall serve a copy of this order with notice of entry within 20 days of entry upon the attorneys for the respondent and the arbitrator, and upon the Clerk of the Court (60 Centre Street, Room 14 lB) and the Clerk of the General Clerk's Office (60 Centre Street, Room 119); and it is further ORDERED that petitioner shall, within the aforesaid deadline, serve a copy of this order with notice of entry, together with copies of all papers previously served in the proceeding, 65155212019 IN THE MATTER OF THE vs. HENDRICKS-ARJUNE, MARGARET Motion No. 001 4 of 5 upon Page4 of 5 [*FILED: 5] NEW YORK COUNTY CLERK 07/05/2019 12:43 PM INDEX NO. 651552/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/05/2019 CESA CARS INC. and AMERICAN TRANSIT INSURANCE COMPANY, who upon such service shall be added as party respondents, and it is further ORDERED that the caption of this proceeding is amended to reflect inclusion of such additional party respondents and the Clerk of the Court (Room 141B) and the Clerk of the General Clerk's Office (Room 119), upon service by petitioner on each of them of a copy of this order with notice of entry, shall mark their records to reflect the amendment; and it is further ORDERED that such service upon the Clerk of the Court and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address www.nycourts.gov/supctmanh). 06/27/2019 DATE CHECK ONE: APPLICATION: CHECK IF APPROPRIATE: ; DEBA A. JAMES, J.S.C. ~ CASE DISPOSED GRANTED D NON-FINAL DISPOSITION DENIED GRANTED IN PART SEITLEORDER SUBMIT ORDER INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 65155212019 IN THE MATTER OF THE vs. HENDRICKS-ARJUNE, MARGARET Motion No. 001 5 of 5 . D OTHER 0 REFERENCE Page 5of 5

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