Opinion
2003-10489.
June 27, 2005.
In a proceeding to stay an uninsured motorist arbitration, Allstate Insurance Company appeals from an order of the Supreme Court, Kings County (Silverman, J.H.O.), dated June 30, 2003, which, after a hearing, in effect, granted the petition.
Bruno, Gerbino Soriano, LLP, Melville, N.Y. (Charles W. Benton of counsel), for appellant.
Irwen C. Abrams (Nicolini, Paradise, Ferretti Sabella, Mineola, N.Y. [Barbara L. Hall] of counsel), for petitioner-respondent.
Before: Florio, J.P., Adams, Mastro and Lifson, JJ., concur.
Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new determination of the proceeding following a new hearing.
The judicial hearing officer's implicit denial of the unopposed request by the appellant's attorney for an opportunity to produce certified mail receipts was improvident ( see Matter of Ace Truck Rental Corp. v. Hale Trailer Truck Equip., 79 AD2d 635), "especially in light of the fact . . . that the court had taken the position that said documentary evidence was a sine qua non of petitioner's case" ( id., at 636; see Cantoni ITC USA v. Milano Intl., 300 AD2d 334). Accordingly, we reverse the order, in effect, granting the petition, and remit for a new determination of the proceeding following a new hearing.