Hartford Casualty Insurance Company, United States F & G Company, and Travelers Insurance Company, Respondents-Respondents. v. << (2003)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of the Arbitration Between OHIO CASUALTY INSURANCE COMPANY, as Successor in Interest to Policy PAC 0848344 Issued by Great American Insurance Company and its Subsidiary American Alliance Insurance Company, Petitioner-Appellant, ARBITRATION FORUMS, INC., Respondent, Hartford Casualty Insurance Company, United States F & G Company, and Travelers Insurance Company, Respondents-Respondents.

Decided: March 21, 2003

PRESENT: PIGOTT, JR., P.J., WISNER, SCUDDER, BURNS, and GORSKI, JJ.

Burke, Albright, Harter & Reddy, LLP, Rochester (Johnson S. Albright, II, of Counsel), for Petitioner-Appellant. Mlynarski & Cawley, P.C., Binghamton (Theodore J. Mlynarski, Jr., of Counsel), for Respondent-Respondent Hartford Casualty Insurance Company.

Supreme Court properly dismissed the petition seeking a stay of arbitration. By participating in the arbitration proceeding, i.e., by responding to claims and appearing at arbitration hearings without any reservation of rights, petitioner waived its right to a stay of arbitration (see CPLR 7503[b]; Matter of North Riv. Ins. Co. [Morgan], 291 A.D.2d 230, 233, 737 N.Y.S.2d 355; Matter of Home Mut. Ins. Co. [Springer], 130 A.D.2d 493, 515 N.Y.S.2d 76). In light of our determination, it is not necessary to address petitioner's remaining contention.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.

MEMORANDUM:

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