Matter of AIU Ins. Co. v Holguin (2006 NY Slip Op 06625)

Matter of AIU Ins. Co. v Holguin

2006 NY Slip Op 06625 [32 AD3d 762]

September 21, 2006

Appellate Division, First Department

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

As corrected through Wednesday, November 08, 2006

In the Matter of AIU Insurance Company, Appellant,
v
Franklin Holguin et al., Respondents, et al., Respondent.

—[*1]Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 9, 2004, which denied petitioner's motion to stay arbitration, unanimously affirmed, with costs.

Petitioner's motion to stay arbitration, which was not properly filed with the court until more than one year after the demand for arbitration was served, and indeed more than two months after a decision in the arbitration had been rendered, was untimely (see CPLR 7503; Matter of Blamowski [Munson Transp.], 91 NY2d 190, 195 [1997]). Concur—Tom, J.P., Andrias, Friedman, Marlow and Gonzalez, JJ.