21ST Century Ins. Co. v. Davis

Mahon Vanhaaster, Nyack, N.Y. (Michael J. Mahon of counsel), for proposed additional respondent-appellant. John C. Buratti, Hicksville, N.Y. (Mitchell E. Pak of counsel), for respondent.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, proposed additional respondent Permanent General Assurance Corp. appeals from a decision of the Supreme Court, Kings County (Archer, Ct. Atty. Ref.), dated February 22, 2012, made after a framed-issue hearing.

ORDERED that the appeal is dismissed, with costs.

The paper from which the proposed additional respondent Permanent General Assurance Corp. appeals is merely a decision, as the paper did not grant or deny the petition or dispose of the proceeding. No appeal lies from a decision ( see Matter of AutoOne Ins. Co. v. Fernandez, 109 A.D.3d 469, 969 N.Y.S.2d 918;Benabu v. Rienzo, 104 A.D.3d 714, 714, 961 N.Y.S.2d 482;Wall St. Mtge. Bankers, Ltd. v. Hinds, 81 A.D.3d 818, 818, 916 N.Y.S.2d 528;Hamilton v. Khalife, 2 A.D.3d 682, 682, 768 N.Y.S.2d 626;Matter of Diamond v. Gallagher, 291 A.D.2d 404, 405, 736 N.Y.S.2d 892;Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 509–510, 472 N.Y.S.2d 718) and, thus, the appeal must be dismissed.

MASTRO, J.P., DICKERSON, LOTT and HINDS–RADIX, JJ., concur.