Matter of State Farm Mut. Auto. Ins. Co. v Nahrebeski
2005 NY Slip Op 08513 [23 AD3d 1162]
Decided on November 10, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, GORSKI, AND SMITH, JJ.

1329 CA 05-00999 MATTER OF THE ARBITRATION BETWEEN

[*1]STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, PETITIONER-APPELLANT, ORDER AND

and

BARBARA E. NAHREBESKI, RESPONDENT-RESPONDENT.



Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered September 28, 2004 in a proceeding pursuant to CPLR article 75. The order denied the petition for a stay of arbitration and granted respondent's cross motion to dismiss the petition.


BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR PETITIONER-APPELLANT.
LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (COURTNEY G. SCIME OF COUNSEL), FOR RESPONDENT-RESPONDENT.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court