Opinion
2001-03384
Argued April 30, 2002.
June 18, 2002
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, Louis Miceli appeals from an order of the Supreme Court, Westchester County (Cowhey, J.), entered March 14, 2001, which granted the petition and permanently stayed the arbitration.
Bartlett, McDonough, Bastone Monaghan, LLP, White Plains, N.Y. (Edward J. Guardaro, Jr., of counsel), for appellant.
Wade Clark Mulcahy, New York, N.Y. (Paul F. Clark and Nathalie L. Pierre of counsel), for petitioner-respondent.
Bernis S. Saperstein, Corporation Counsel, New Rochelle, N.Y. (Marie R. Hodukavich of counsel), for respondent-respondent.
Before: A. GAIL PRUDENTI, P.J., NANCY E. SMITH, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court correctly determined that Louis Miceli, a firefighter employed by the City of New Rochelle, was not covered under the insurance policy issued by the petitioner Coregis Insurance Company because, as such, he was not an insured as that term was defined within the subject policy (see Buckner v. Motor Vehicle Acc. Indemnification Corp., 66 N.Y.2d 211; Matter of Royal Insurance v. Bennett, 226 A.D.2d 1074; Hogan v. CIGNA Prop. and Cas. Cos., 216 A.D.2d 442). Moreover, because Miceli admitted that when he was struck he was directing traffic as the fire truck was being garaged, he was not occupying the subject motor Nvehicle within the meaning of that term as it was contained in the policy (see Matter of Rice v. Allstate Ins. Co., 32 N.Y.2d 6, 11-12; Matter of Travelers Ins. Co. v. Wright, 202 A.D.2d 680, 680-681; Matter of State Farm Auto. Ins. Co. v. Antunovich, 160 A.D.2d 1009, 1010). Accordingly, the Supreme Court properly stayed the arbitration (see CPLR 7503[b]).
In light of our determination, we need not reach the appellant's remaining contentions.
PRUDENTI, P.J., SMITH, FRIEDMANN and ADAMS, JJ., concur.