State of New York Supreme Court, Appellate Division Third Judicial Department
December 10, 2009
IN THE MATTER OF THE ARBITRATION BETWEEN GEICO INDEMNITY INSURANCE COMPANY, RESPONDENT, AND JOSEPHINE HOPPER ET AL., RESPONDENTS, AND PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, APPELLANT.
The opinion of the court was delivered by: Malone Jr., J.
MEMORANDUM AND ORDER
Calendar Date: October 23, 2009
Before: Peters, J.P., Spain, Lahtinen, Kane and Malone Jr., JJ.
Appeal from that part of an order of the Supreme Court (Meddaugh, J.), entered October 14, 2008 in Sullivan County, which, in a proceeding pursuant to CPLR 7503, granted petitioner's application to add Progressive Northeastern Insurance Company as an additional party.
Respondent Josephine Hopper was injured as a result of a purse snatching perpetrated by respondent Michael Noel, who fled the scene in a vehicle that he had borrowed from respondent Jennifer Foglia. Thereafter, Hopper demanded arbitration with petitioner, Hopper's motor vehicle insurance carrier, pursuant to the uninsured motorist provision of the policy. Petitioner, in turn, commenced this proceeding seeking to permanently stay arbitration and to add Progressive Northeastern Insurance Company as a respondent, which provided separate insurance policies to Noel and Foglia. Progressive opposed the petition, alleging that it had validly disclaimed coverage because the underlying incident was not an accident within the meaning of the policies issued to Noel and Foglia, among other reasons. By order entered October 14, 2008, Supreme Court added Progressive as a party and temporarily stayed arbitration pending a hearing to determine whether Progressive had validly disclaimed coverage. Progressive appealed from that order.*fn1
Subsequently, a hearing was held following which Supreme Court determined that, because Progressive did not establish that it had validly disclaimed coverage, the incident was covered under Foglia's policy with Progressive. As a result, by order dated March 19, 2009, Supreme Court granted petitioner's application to permanently stay arbitration. No appeal by Progressive was taken from that order.
The right to appeal from the October 2008 intermediary order terminated upon the entry of the final order in March 2009.
Accordingly, the instant appeal must be dismissed (see Matter of State Farm Mut. Auto. Liab. Ins. Co. [Connolly], 25 AD3d 910, 910-911 ; Beretz v Diehl, 302 AD2d 808, 809 n 2 ).
Peters, J.P., Spain, Lahtinen and Kane, JJ., concur.
ORDERED that the appeal is dismissed, without costs.