Opinion
May 11, 1998
Appeal from the Supreme Court, Nassau County (Segal, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the petition to permanently stay arbitration of the respondent's uninsured motorist claim. The petitioner had almost 11 months prior to the commencement of the instant proceeding "within which to seek discovery of the respondent insured as provided for in the insurance policy, and unjustifiably failed to utilize that opportunity" to obtain the discovery now sought ( Matter of Allstate Ins. Co. v. Urena, 208 A.D.2d 623; see, Matter of Liberty Mut. Ins. Co. v. DeCaro, 244 A.D.2d 487; Matter of Allstate Ins. Co. v. Nebedum, 208 A.D.2d 624; cf., Matter of Metropolitan Prop. Cas. Ins. Co. v. Keeney, 241 A.D.2d 455; Matter of M.V.A.I.C. [Lucash], 16 A.D.2d 975).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.