Ordered that the order is affirmed insofar as appealed from, with costs.
The petitioner's failure to meet its initial burden of showing that the offending vehicle was, in fact, insured on the date of the accident mandated denial of that branch of the petition which was to permanently stay arbitration ( see Matter of Progressive Northwestern Ins. Co. v Gjonaj, 43 AD3d 1169; Matter of Allstate Ins. Co. v Holloway, 272 AD2d 539, 539-540; Matter of Eagle Ins. Co. v McPherson, 271 AD2d 689; Matter of Eagle Ins. Co. v Batter shield, 225 AD2d 545).