Opinion
November 9, 1998
Appeal from the Supreme Court, Nassau County (Bucaria, J.).
The record indicates that the petitioner had ample time to seek discovery of the respondent as provided for in the underlying insurance policy, and that its failure to do so was unjustified. Thus, the petitioner should not have been granted a temporary stay of arbitration in order to obtain such discovery ( see, Matter of Allstate Ins. Co. v. Garcia, 251 A.D.2d 500; Matter of Allstate Ins. Co. v. Faulk, 250 A.D.2d 674; Matter of Liberty Mut. Ins. Co. v. DeCaro, 244 A.D.2d 487; Matter of Allstate Ins. Co. v. Urena, 208 A.D.2d 623; cf., Matter of Metropolitan Prop. Cas. Ins. Co. v. Keeney, 241 A.D.2d 455).
Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.