MATTER OF STATE FARM MUTUAL INS. CO. v. GENAO

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

It is undisputed that the respondent failed to report the hit-and-run accident to the police. The Supreme Court therefore erred in dismissing the petition to stay arbitration (see, Matter of United States Fire Ins. Co. v Williams, 166 A.D.2d 538; Matter of Aetna Cas. Sur. Co. v Loy, 108 A.D.2d 709).

We have considered the respondent's remaining contentions and find them to be without merit. Rosenblatt, J.P., Ritter, Copertino and Florio, JJ., concur.