On July 3, 1999, respondent was involved in an automobile accident with an uninsured motor vehicle. Respondent alleges that she was driving a motor vehicle on Macon Street, near the intersection with Howard Avenue, in the County of Kings, when she was struck by a motor vehicle that ran a stop sign at the location of Macon Street. Respondent alleges to have sustained personal injuries as a result of the motor vehicle accident. At the time of the accident, respondent was insured by petitioner, Liberty Mutual Insurance Company. On July 5, 2005, respondent served the petitioner with a Demand for Arbitration, claiming uninsured benefits, pursuant to the uninsured motorist clause of the policy. On July 26, 2005, petitioner filed a demand to stay the arbitration. Petitioner argued that its demand to stay arbitration was timely filed within twenty (20) days of the receipt of the demand for arbitration pursuant to CPLR section 7503.

Pursuant to CPLR 7503 (c) a party upon whom a proper notice of intention to arbitrate has been served must apply to stay arbitration within twenty (20) days after service upon him of the notice or demand, or he shall be so precluded from seeking a judicial stay of arbitration (Matter of Metropolitan Prop. & Liab. Ins. Co. v. Hancock, 183 AD 831; In re Allstate Ins. Co., v. Gonzales, 161 AD2d 424). The 20-day period is to be calculated from the date the carrier receives the demand (Allstate Ins. Co. v. Matayer, 137 AD2d 454). In the instant case, petitioner acknowledged that respondent served its Demand for Arbitration on July 5, 2005, and a review of the court's record reveals that respondent filed its demand to stay the arbitration on July 6, 2005. Petitioner's demand to stay the arbitration was therefore timely made within twenty days of receipt of the Demand for Arbitration.

The issue, therefore, to be resolved is whether respondent's Demand for Arbitration was made after the statute of limitations had run. A Demand for Arbitration of an uninsured motorist claim is subject to the six-year statute of limitations which runs from the date of the accident or from the time when subsequent events rendered the offending vehicle uninsured (Matter of Allstate Insurance Company v. Torrales, 186 AD2d 647; Matter of DeLuca, 17 NY2d 76.

Respondent claims that she sought arbitration by allegedly mailing her Demand for Arbitration on July 5, 2005 arising out of injuries allegedly suffered in an accident that occurred on July 3, 1999. Respondent contends that since July 3, 2005 fell on a Sunday and July 4, 2005 was a public holiday, the six-year statute of limitations would have expired on July 5, 2005, which is the date on which the demand to stay arbitration was filed. Pursuant to General Construction Law sec. 25-a (1), "[w]hen any period of time, computed from a certain day, within which . . . an act is . . . required to be done, ends on a Saturday, Sunday or a public holiday, such an act may be done on the next succeeding business day." The provision of General Construction Law 25-a has been applied to statute of limitations (Matter of Scuderi v. Board of Educ., 49 AD2d 942, appeal dismissed 38 NY2d 848; American Casualty Corp.v . McCoy, 138 AD2d 485).

In the instant case, respondent has failed to attach the stamped certificate of mailing receipt for the Demand for Arbitration for review by the court. However, petitioner acknowledged receipt of the Demand for Arbitration and contends that it timely filed its demand to stay arbitration on July 26, 2006, within twenty days of receipt of respondent's Demand for Arbitration. Based on the foregoing, the court finds that respondent's Demand for Arbitration [*3]was timely.

Accordingly, petitioner's application for an Order pursuant to CPLR 7503 (b) permanently staying the arbitration between petitioner and respondent is denied.

Petitioner's application for an Order temporarily staying the arbitration pending a framed issue hearing to determine whether the Demand for Arbitration was made after the expiration of the statute of limitations is also denied.

Petitioner's application for an Order temporarily staying the arbitration pending the completion of discovery is granted. All outstanding discovery is to be completed by all parties within sixty (60) days from the date of entry of this Order.

This constitutes the order and decision of the Court.

E. N. T. E. R.

J. S. C.