Ordered the order is affirmed insofar as appealed from, with costs.
The appellant, who offered no documentary evidence regarding residence in his uncle's house and whose testimony, and that of his mother, was determined to be incredible by the hearing court, was not entitled to arbitration of his claim for underinsurance motorist benefits under his uncle's insurance policy ( see, Matter of Aetna Cas. Sur. Co. v Gutstein, 80 N.Y.2d 773; Walburn v State Farm Fire Cas. Co., 215 A.D.2d 837; Matter of Aetna Cas. Sur. Co. v Panetta, 202 A.D.2d 662). The appellant was not a "family member" under the clear and unambiguous language of the policy ( see, Matter of Metropolitan Prop. Liab. Ins. Co. v Feduchka, 135 A.D.2d 715). O'Brien, J.P., Sullivan, Copertino and Joy, JJ., concur.