Ordered that the order is affirmed, with costs.
The appellant failed to obtain the insurer's consent prior to settling his claim against, and releasing from all liability, the motorist who allegedly caused his injuries, in contravention of the policy provisions governing underinsured motorist claims. Accordingly, the court properly granted the insurer's application for a permanent stay of arbitration of the insurer's denial of underinsured motorist benefits (see, Weinberg v Transamerica Ins. Co., 62 N.Y.2d 379; Matter of Aetna Cas. Sur. Co. v Scirica, 170 A.D.2d 448; Matter of State Farm Mut. Ins. Co. v Donath, 164 A.D.2d 889; Matter of State Farm Mut. Ins. Co. v Parker, 160 A.D.2d 882; State Farm Mut. Auto. Ins. Co. v Taglianetti, 122 A.D.2d 40). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.