SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
March 25, 2011
IN THE MATTER OF NEW YORK SCHOOLS INSURANCE RECIPROCAL,
PATRICIA ARMITAGE, RESPONDENT-RESPONDENT. ALEX CELNIKER, ROMAN A. CELNIKER AND LIBERTY MUTUAL INSURANCE COMPANY, PROPOSED ADDITIONAL RESPONDENTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered February 10, 2010.
Matter of New York Schools Ins. Reciprocal v Armitage
Appellate Division, Fourth Department
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.
Decided on March 25, 2011
PRESENT: SCUDDER, P.J., FAHEY, CARNI, GREEN, AND GORSKI, JJ.
The order denied the petition for a stay of arbitration.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Petitioner appeals from an order denying its petition seeking a permanent stay of arbitration. Respondent sought arbitration following petitioner's denial of her claim for no-fault insurance benefits. The propriety of the denial of benefits is a "dispute involving the insurer's liability to pay first party benefits" (Insurance Law § 5106 [b]), and we therefore conclude that Supreme Court properly refused to grant a permanent stay of arbitration (see generally Ryder Truck Lines v Maiorano, 44 NY2d 364, 368-369). Petitioner further contends that the issue whether the offset for workers' compensation benefits exceeds the monthly limit of first party benefits is not a matter for arbitration. We reject that contention (see § 5102 [a] ; see generally § 5106 [b]; Matter of Johnson v Buffalo & Erie County Private Indus. Council, 84 NY2d 13, 18-19; Matter of Cady [Aetna Life & Cas. Co.], 96 AD2d 967, affd 61 NY2d 594). Finally, we reject petitioner's contention that, by refusing to grant a permanent stay of arbitration, the court denied petitioner its right to seek a loss-transfer claim from additional proposed respondents (see generally Matter of Liberty Mut. Ins. Co. [Hanover Ins. Co.], 307 AD2d 40, 42-43).
Entered: March 25, 2011
Patricia L. Morgan Clerk of the Court
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