IN RE: Waleed Gettes (2011)

Submitted—May 26, 2011

DECISION & ORDER

In a proceeding pursuant to Insurance Law article 52, the Motor Vehicle Accident Indemnification Corporation appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (F.Rivera, J.), dated August 7, 2009, as granted that branch of the petition which was, in effect, for leave to commence an action against it.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The petitioner's evidentiary submissions established that he is a “qualified person” entitled to benefits from the Motor Vehicle Accident Indemnification Corporation (hereinafter the appellant) as defined by Insurance Law § 5202(b).  The petitioner's submissions were also sufficient to demonstrate that nonparty State Farm Insurance Company, which allegedly insured the offending vehicle, denied coverage “based upon the lack of a policy of insurance in effect at the time the cause of action arose” (Insurance Law § 5208[a][3][A] [ii];  see Matter of Wilcox v Motor Veh. Acc. Indem.   Corp., 187 A.D.2d 909, 912;  cf.  Pajak v Motor Veh. Acc. Indem.   Corp., 155 A.D.2d 912, 913), and that the petitioner timely filed a notice of intention to make a claim against the appellant.   Accordingly, the petitioner is entitled to “[t]he protection provided by the corporation on account of motor vehicle accidents caused by financially irresponsible motorists” (Insurance Law § 5208[a] ).

RIVERA, J.P., FLORIO, DICKERSON and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court