MATTER OF GOVT. EMP. INS. v. EST. OF NOLAN

Ordered that the judgment is affirmed, with costs.

Pursuant to Insurance Law § 3420 (f) (1), and this Court's decision in Matter of Government Empls. Ins. Co. v. Nolan ( 212 A.D.2d 531), we agree with the Supreme Court that there is no uninsurance coverage available to the appellant with respect to the policy of insurance maintained by Michael F. Nolan. Additionally, underinsurance is not available to the appellant because the liability limits under each of the applicable insurance policies are the same (see, Insurance Law § 3420 [f] [2]; Maurizzio v. Lumbermens Mut. Cas. Co., 73 N.Y.2d 951). Mangano, P.J., Balletta, Pizzuto and Santucci, JJ., concur.