Ordered that the order is reversed, on the law, with costs, the petition is granted to the extent of directing a hearing thereon and granting the petitioner leave to join Government Employees Insurance Company and Guenther A. Noeth as parties to the proceeding, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.
Since a threshold question of fact was raised as to whether the offending vehicle was driven with the owner's permission, and thus, whether the offending vehicle was insured, the court should have directed a hearing on this issue and permitted joinder of the owner of the offending vehicle and his insurance carrier (see, Matter of Allstate Ins. Co. v. Farina, 69 A.D.2d 901; see also, Matter of Eagle Ins. Co. v. Tichman, 185 A.D.2d 884; Matter of Everready Ins. Co. v. Roman, 166 A.D.2d 530). Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.