PRYER v. DeMATTEIS ORGANIZATIONS, INC

Ordered that the order is reversed, on the law, with costs, and the motion is denied, without prejudice to the commencement of a declaratory judgment action by Amerisure Companies.

The motion of Ahmuty, Demers McManus to withdraw as counsel for the County of Nassau was a "poor vehicle" for testing the propriety of the disclaimer of coverage which had been issued by the County's insurance carrier, Amerisure Companies ( Brothers v. Burt, 27 N.Y.2d 905, 906; see, Garcia v. Zito, 242 A.D.2d 258; Laura Accessories v. A.P.A. Warehouses, 140 A.D.2d 182; Rusolo v. Skate Odyssey, 109 A.D.2d 875; Monaghan v. Meade, 91 A.D.2d 1014). The appropriate vehicle for resolving a dispute over the coverage offered by a policy is a declaratory judgment action in which the County would be able to adequately litigate the facts of the insurance carrier's disclaimer ( see, Laura Accessories v. A.P.A. Warehouses, supra, at 182; Monaghan v. Meade, supra, at 1015).

Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.