IN RE: ABDUL S. (2018)

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about July 10, 2017, which denied petitioners' application for leave to sue respondent Motor Vehicle Accident Indemnification Corp. (MVAIC) under Insurance Law § 5218, unanimously affirmed, without costs.

In 2004, the infant petitioner, then five years old, was struck by a vehicle driven by nonparty Dazon Floyd.  After obtaining a default judgment against Floyd, petitioners sought leave to pursue a claim against MVAIC under Insurance Law § 5218, which is entitled “Procedure for ‘hit and run’ cases,” meaning cases in which “the identity of the motor vehicle and of the operator and owner cannot be ascertained.”  Here, the evidence submitted by petitioners in support of the application establishes that the accident was not a hit run, and that the vehicle and its operator were identified.  Accordingly, the particular procedure invoked is not available (see Insurance Law §§ 5209 and 5210).

We have considered petitioners' remaining arguments and find them unavailing.