IN RE: Application of the TRAVELERS INSURANCE COMPANY (1999)

Judgment, Supreme Court, New York County (Carol Huff, J.), entered January 6, 1998, which granted petitioner insurer's application to stay an uninsured motorist arbitration demanded by respondents insureds, and denied respondents' cross motion to vacate a prior order, entered November 18, 1992 under a different index number, staying arbitration between the same parties on the same claim, unanimously affirmed, without costs.

 We decline to review respondents' challenge to the prior order, rendered over five years ago and never appealed, which stayed the arbitration upon a finding that the offending vehicle was insured by another insurer.   We would comment only that the prior order appears to have been correct (see, Matter of Empire Ins. Co. [Narain], 193 A.D.2d 447, 597 N.Y.S.2d 680), and that its vacatur in the interests of justice, as urged by respondents, is not warranted by the other insurer's persistence in disclaiming coverage.

MEMORANDUM DECISION.