Matter of Unitrin Kemper Auto & Home (Irizarry)
2008 NY Slip Op 10272 [57 AD3d 1390]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


In the Matter of the Arbitration between Unitrin Kemper Auto and Home ("Kemper"), Respondent, and Arcelina V. Irizarry, Respondent. Lancer Insurance Company, Appellant; Allstate Insurance Company, Respondent. (Appeal No. 1.)

—[*1] Goldberg Segalla LLP, Buffalo (Sarah J. Delaney of counsel), for appellant.

Trevett Cristo Salzer & Andolina, P.C., Rochester (Daniel P. Debolt of counsel), for petitioner-respondent.

Schiano Law Office, P.C., Rochester (Charles A. Schiano, Jr., of counsel), for respondent-respondent Arcelina V. Irizarry.

Law Offices of Mary A. Bjork, Rochester (Thomas P. Durkin of counsel), for respondent Allstate Insurance Company.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered May 22, 2007 in a proceeding pursuant to CPLR article 75. The order, insofar as appealed from, denied the cross motion of Lancer Insurance Company for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Smith, J.P., Centra, Lunn, Fahey and Green, JJ.