In the Matter of the Application of Progressive Specialty Insurance Company

Motion No: M-4321

Slip Opinion No: 2018 NYSlipOp 89003(U)

Decided on November 20, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

November 20, 2018

In the Matter of the Application of

Progressive Specialty Insurance

Company,

Petitioner-Appellant,

v To Stay Arbitration sought to be had by

Paul Guzmarino,

Respondent-Respondent.

Petitioner-appellant having moved for a stay of arbitration pending hearing and determination of the appeal taken from the order of the Supreme Court, New York County, entered on or about May 29, 2018, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is denied. ENTERED: November 20, 2018

_____________________ DEPUTY CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Peter Tom Troy K. Webber Marcy L. Kahn Peter H. Moulton,Justices

M-4321

Index No. 656333/16