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In re AutoOne Insurance Company

Supreme Court of New York, Second Department

August 7, 2013

In the Matter of AutoOne Insurance Company, appellant,
v.
Rosa Fernandez, respondent. (Index No. 15932/11)

Picciano & Scahill, P.C., Westbury, N.Y. (Albert Galatan of counsel), for appellant.

Costella & Gordon, LLP, Garden City, N.Y. (Roy C. Gordon of counsel), for respondent.

RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, PLUMMER E. LOTT, SANDRA L. SGROI, JJ.

DECISION & ORDER

In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from a decision of the Supreme Court, Kings County (Sunshine, Ct. Atty. Ref.), dated September 7, 2012, made after a framed-issue hearing.

ORDERED that the appeal is dismissed, with costs.

The paper from which the petitioner appeals is merely a decision, as the paper did not grant or deny the petition or dispose of the proceeding. No appeal lies from a decision (see Benabu v Rienzo, 104 A.D.3d 714, 714; Wall St. Mtge. Bankers, Ltd. v Hinds, 81 A.D.3d 818, 818; Hamilton v Khalife, 2 A.D.3d 682, 682; Matter of Diamond v Gallagher, 291 A.D.2d 404, 404; Schicchi v J.A. Green Constr. Corp ., 100 A.D.2d 509, 509-510) and, thus, the appeal must be dismissed.

BALKIN, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.


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