IN RE: PROGRESSIVE CASUALTY INSURANCE COMPANY (2026)

DECISION & ORDER

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for supplementary underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Westchester County (James L. Hyer, J.), dated January 20, 2023.  The order, insofar as appealed from, upon the granting of the petition to permanently stay arbitration, stated that the issue of whether conditions precedent were satisfied is one for an arbitrator to decide.

ORDERED that the appeal is dismissed, without costs or disbursements, as the petitioner is not aggrieved by the order appealed from (see CPLR 5511;  Mixon v. TBV, Inc., 76 A.D.3d 144, 904 N.Y.S.2d 132).

Inasmuch as the Supreme Court granted the petition, the petitioner is not aggrieved by the order (see CPLR 5511;  NYCTL 2011–A Trust v. Master Sheet Co., Inc., 150 A.D.3d 755, 756, 54 N.Y.S.3d 422;  Alberi v. Rossi, 117 A.D.2d 574, 498 N.Y.S.2d 50).  The court's statement is not reviewable, “as no appeal lies from dicta” (Waldorf v. Waldorf, 117 A.D.3d 1035, 1035, 986 N.Y.S.2d 563;  see Dorvilier v. Champion Mtge. Co., 156 A.D.3d 761, 762, 65 N.Y.S.3d 731).

Accordingly, the appeal must be dismissed.

In light of our determination, we need not reach the parties' remaining contentions.

GENOVESI, J.P., CHAMBERS, TAYLOR and HOM, JJ., concur.