IN RE: NEW YORK SCHOOLS INSURANCE RECIPROCAL, PETITIONER-APPELLANT, v. PATRICIA ARMITAGE, RESPONDENT-RESPONDENT. ALEX CELNIKER, ROMAN A. CELNIKER AND LIBERTY MUTUAL INSURANCE COMPANY, PROPOSED ADDITIONAL RESPONDENTS-RESPONDENTS.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner appeals from an order denying its petition seeking a permanent stay of arbitration. Respondent sought arbitration following petitioner's denial of her claim for no-fault insurance benefits. The propriety of the denial of benefits is a “dispute involving the insurer's liability to pay first party benefits” (Insurance Law § 5106[b] ), and we therefore conclude that Supreme Court properly refused to grant a permanent stay of arbitration (see generally Ryder Truck Lines v Maiorano, 44 N.Y.2d 364, 368-369). Petitioner further contends that the issue whether the offset for workers' compensation benefits exceeds the monthly limit of first party benefits is not a matter for arbitration. We reject that contention (see § 5102[a]; see generally § 5106[b]; Matter of Johnson v Buffalo & Erie County Private Indus. Council, 84 N.Y.2d 13, 18-19; Matter of Cady [Aetna Life & Cas. Co.], 96 A.D.2d 967, affd 61 N.Y.2d 594). Finally, we reject petitioner's contention that, by refusing to grant a permanent stay of arbitration, the court denied petitioner its right to seek a loss-transfer claim from additional proposed respondents (see generally Matter of Liberty Mut. Ins. Co. [Hanover Ins. Co.], 307 A.D.2d 40, 42-43).
Patricia L. Morgan
Clerk of the Court