Ordered that the appeal from the order dated December 19, 1996, is dismissed, as that order was superseded by the order dated July 1, 1997, made upon reargument; and it is further,
Ordered that the order dated July 1, 1997, is reversed insofar as reviewed, on the law, the order dated December 19, 1996, is vacated, the petition is granted, and arbitration is stayed; and it is further,
Ordered that the appellant is awarded one bill of costs.
A party cannot be compelled to submit to arbitration absent an agreement expressly encompassing the subject matter of the dispute ( see, Matter of American Centennial Ins. Co. v. Williams, 233 A.D.2d 320; Matter of Trump [Refco Props.], 194 A.D.2d 70, 74). The respondent Michele Roseboro, as the party seeking arbitration, carried the burden of establishing the existence of a valid agreement to arbitrate the claim in question ( see, Matter of American Centennial Ins. Co. v. Williams, supra). The only insurance policy included in the record does not contain an agreement to arbitrate uninsured motorist claims. Because the appellant sought to stay arbitration permanently on the ground, among other things, that no arbitration agreement existed, the proceeding was not untimely ( see, Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264; Matter of American Centennial Ins. Co. v. Williams, supra; Matter of Allstate Ins. Co. [Richards], 178 A.D.2d 142).
Rosenblatt, J. P., Miller, Copertino and Pizzuto, JJ., concur.