Matter of New York City Tr. Auth. v Williams
2007 NY Slip Op 00311 [36 AD3d 706]
January 16, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 14, 2007


In the Matter of New York City Transit Authority, Appellant,
v
Martha Williams, Respondent.

—[*1] Jones Jones, LLP, Brooklyn, N.Y. (Anges Neiger of counsel), for appellant.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated September 22, 2005, which denied the petition and dismissed the proceeding.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

In view of the release signed by the respondent, the Supreme Court should have granted the petition to permanently stay arbitration of a claim for uninsured motorist benefits. Miller, J.P., Spolzino, Krausman, Fisher and Dillon, JJ., concur.