Matter of State Farm Fire & Cas. Co. v Sweet-Roy
2007 NY Slip Op 08237 [44 AD3d 1058]
October 30, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


In the Matter of State Farm Fire and Casualty Company, Respondent,
v
Robin Sweet-Roy, Respondent. Earl Dent et al., Proposed Additional Respondents; Allstate Indemnity Company, Proposed Additional Appellant.

—[*1] Robert P. Tusa (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for proposed additional respondent-appellant.

Richard T. Lau, Jericho, N.Y. (Joseph G. Gallo of counsel), for petitioner-respondent.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the proposed additional respondent Allstate Indemnity Company appeals from an order of the Supreme Court, Kings County (Johnson, J.), dated January 4, 2007, which denied its motion, inter alia, to vacate an order of the same court dated October 18, 2006, entered upon its consent, granting the petition.

Ordered that the order is affirmed, with costs.

Under the particular circumstances of this case, the Supreme Court correctly denied the appellant's motion, inter alia, to vacate the order entered upon its consent. Miller, J.P., Ritter, Covello and McCarthy, JJ., concur.