Ordered that the order is affirmed, with costs.
The record establishes that the appellant prejudiced the petitioner's subrogation rights by signing a general release in favor of the tortfeasor (see, Weinberg v Transamerica Ins. Co., 62 N.Y.2d 379; Matter of State Farm Fire Cas. Co. v Zyburo, 215 A.D.2d 566). The petition to stay arbitration provided a sufficient and timely notice of disclaimer on this ground (see, e.g., Matter of Allcity Ins. Co. [Jiminez], 78 N.Y.2d 1054; Matter of State Farm Ins. Co. v Velasquez, 211 A.D.2d 636). Accordingly, the Supreme Court properly granted the petitioner's application to permanently stay arbitration of the appellant's claim for underinsured motorist benefits.
The appellant's remaining contentions are either without merit or academic in light of our determination. Bracken, J.P., Miller, Altman and Florio, JJ., concur.