Opinion
November 17, 1997
Appeal from the Supreme Court, Nassau County (Dunne, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court did not improvidently exercise its discretion in denying that branch of the petition which was for a temporary stay of arbitration. The record indicates that the petitioner-insurance carrier had ample time to seek discovery of the respondent-insured as provided for in the underlying insurance policy, but that it unjustifiably failed to do so in that time ( see, Matter of Allstate Ins. Co. v. Urena, 208 A.D.2d 623; 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 MVAIC [Lucash], 16 A.D.2d 975, 976).
Mangano, P. J., Copertino, Joy and Florio, JJ., concur.