NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 2, 2008
IN RE ALLSTATE INSURANCE COMPANY, PETITIONER-RESPONDENT,
MARTIN HARRIS, ET AL., RESPONDENTS,
NATIONAL GRANGE MUTUAL INSURANCE COMPANY, RESPONDENT-APPELLANT,
VINCENZO MATERIA, ET AL., RESPONDENTS-RESPONDENTS.
Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered April 3, 2007, which granted petitioner Allstate Insurance Company's application for a permanent stay of arbitration, unanimously affirmed, with costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Nardelli, McGuire, Acosta, DeGrasse, JJ.
We decline to reach respondent National Grange Mutual Insurance Company's argument, advanced for the first time on appeal, that an insurer need not file a notice of termination with the Commissioner of the Department of Motor Vehicles after the insured has failed to pay a renewal premium on a policy that had been in force for six months. Were we to consider this argument, we would find it without merit, as it relies on a version of Vehicle and Traffic Law § 313(2)(a) that has not been in effect since 1998 (see L 1998, ch 509).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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