21st Century Insurance v. Davis

Appellate Division of the Supreme Court of New York

21st Century Insurance v. Davis

114 A.D.3d 955, 980 N.Y.S.2d 821

Appellate Division of the Supreme Court of the State of New York·Decided February 26, 2014·Published

Opinion

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, proposed additional respondent Permanent General Assurance Corp. appeals from a decision of the Supreme Court, Kings County (Archer, Ct. Atty. Ref.), dated February 22, 2012, made after a framed-issue hearing.

Ordered that the appeal is dismissed, with costs.

The paper from which the proposed additional respondent Permanent General Assurance Corp. appeals is merely a decision, as the paper did not grant or deny the petition or dispose of the proceeding. No appeal lies from a decision (see Matter of AutoOne Ins. Co. v Fernandez, 109 AD3d 469 [2013]; Benabu v Rienzo, 104 AD3d 714, 714 [2013]; Wall St. Mtge. Bankers, Ltd. v Hinds, 81 AD3d 818, 818 [2011]; Hamilton v Khalife, 2 AD3d 682, 682 [2003]; Matter of Diamond v Gallagher, 291 AD2d 404, 405 [2002]; Schicchi v J.A. Green Constr. Corp., 100 AD2d 509, 509-510 [1984]) and, thus, the appeal must be dismissed. Mastro, J.E, Dickerson, Lott and Hinds-Radix, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, proposed additional respondent Permanent General Assurance Corp. appeals from a decision of the Supreme Court, Kings County (Archer, Ct. Atty. Ref.), dated February 22, 2012, made after a framed-issue hearing.

Ordered that the appeal is dismissed, with costs.

The paper from which the proposed additional respondent Permanent General Assurance Corp. appeals is merely a decision, as the paper did not grant or deny the petition or dispose of the proceeding. No appeal lies from a decision (see Matter of AutoOne Ins. Co. v Fernandez, 109 AD3d 469 [2013]; Benabu v Rienzo, 104 AD3d 714, 714 [2013]; Wall St. Mtge. Bankers, Ltd. v Hinds, 81 AD3d 818, 818 [2011]; Hamilton v Khalife, 2 AD3d 682, 682 [2003]; Matter of Diamond v Gallagher, 291 AD2d 404, 405 [2002]; Schicchi v J.A. Green Constr. Corp., 100 AD2d 509, 509-510 [1984]) and, thus, the appeal must be dismissed. Mastro, J.E, Dickerson, Lott and Hinds-Radix, JJ., concur.

21st Century Insurance v. Davis, 114 A.D.3d 955, 980 N.Y.S.2d 821 (N.Y. Ct. App. 2014).

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Opinion

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