Liberty Mutual Insurance v. Correa

Appellate Division of the Supreme Court of New York

Liberty Mutual Insurance v. Correa

266 A.D.2d 461, 698 N.Y.S.2d 541, 1999 N.Y. App. Div. LEXIS 12039

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 22, 1999

StatusPublished

Cited by1 cases

This text of 266 A.D.2d 461 (Liberty Mutual Insurance v. Correa) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Liberty Mutual Insurance v. Correa, 266 A.D.2d 461, 698 N.Y.S.2d 541, 1999 N.Y. App. Div. LEXIS 12039 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, Lourdes Correa and Alba Murillo, a/k/a Alba Correa, appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated December 3, 1998, which directed a hearing on the issue of whether New York Merchant Insurance Company insured the vehicle owned by Ronaldo Guossardi and operated by Luis Pernas at the time of the accident.

Ordered that the appeal is dismissed, without costs or disbursements.

An order directing a judicial hearing to aid in the disposition of a motion is not appealable as of right and leave to appeal has not been sought. Accordingly, the appeal is dismissed (see, Marine Midland Bank v Rashid, 259 AD2d 739; Matter of Town of Babylon v Taxpayer's Recovery Corp., 240 AD2d 417). Ritter, J. P., Joy, Goldstein and McGinity, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, Lourdes Correa and Alba Murillo, a/k/a Alba Correa, appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated December 3, 1998, which directed a hearing on the issue of whether New York Merchant Insurance Company insured the vehicle owned by Ronaldo Guossardi and operated by Luis Pernas at the time of the accident.

Ordered that the appeal is dismissed, without costs or disbursements.

An order directing a judicial hearing to aid in the disposition of a motion is not appealable as of right and leave to appeal has not been sought. Accordingly, the appeal is dismissed (see, Marine Midland Bank v Rashid, 259 AD2d 739; Matter of Town of Babylon v Taxpayer's Recovery Corp., 240 AD2d 417). Ritter, J. P., Joy, Goldstein and McGinity, JJ., concur.

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Bluebook (online)

266 A.D.2d 461, 698 N.Y.S.2d 541, 1999 N.Y. App. Div. LEXIS 12039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberty-mutual-insurance-v-correa-nyappdiv-1999.

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