GALIOTO II v. << (1999)

 Supreme Court properly dismissed the petition seeking to stay arbitration pursuant to CPLR 7503(b).   The court properly determined that respondent was a resident of his mother's household and was thus an insured person under the supplementary uninsured motorists endorsement to the automobile liability policy issued by petitioner to respondent's mother.   The unsworn statement of respondent's mother and the hearsay letter offered by petitioner in support of the petition are without evidentiary value (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595, 404 N.E.2d 718;  Bendik v. Dybowski, 227 A.D.2d 228, 229, 642 N.Y.S.2d 284;  Rue v. Stokes, 191 A.D.2d 245, 246, 594 N.Y.S.2d 749).   The remaining submissions supporting the petition were not sufficient to entitle petitioner to a stay of arbitration in light of the affidavits of respondent stating that he had his own key to his mother's home and was free to come and go at will;  that he kept clothing and received mail there;  and that he spent three to four nights each week there, spending the remainder of his time at the home of his mother's former boyfriend (see, Nationwide Ins. Co. v. Allstate Ins. Co., 181 A.D.2d 1022, 581 N.Y.S.2d 955;  cf., Matter of Aetna Cas. & Sur. Co. v. Gutstein, 80 N.Y.2d 773, 587 N.Y.S.2d 268, 599 N.E.2d 672).  “[A]n individual can have more than one residence for insurance coverage purposes” (Walburn v. State Farm Fire & Cas. Co., 215 A.D.2d 837, 838, 626 N.Y.S.2d 315), and respondent established as a matter of law that he was a resident of his mother's household.

Order unanimously affirmed without costs.

MEMORANDUM: