Matter of Allstate Ins. Co. v Harris
2008 NY Slip Op 09469 [57 AD3d 232]
December 2, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


In the Matter of Allstate Insurance Company, Respondent,
v
Martin Harris et al., Respondents. National Grange Mutual Insurance Company, Appellant, and Vincenzo Materia et al., Respondents.

[*1] Law Office of Eric N. Wolpin, New York (Thomas G. Connolly of counsel), for appellant.

Mead, Hecht, Conklin & Gallagher, LLP, Mamaroneck (Sara Luca Salvi of counsel), for Allstate Insurance Company, respondent.

Paul I. Marx, White Plains, for Materia, respondents.

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered April 3, 2007, which granted petitioner Allstate Insurance Company's application for a permanent stay of arbitration, unanimously affirmed, with costs.

We decline to reach respondent National Grange Mutual Insurance Company's argument, advanced for the first time on appeal, that an insurer need not file a notice of termination with the Commissioner of the Department of Motor Vehicles after the insured has failed to pay a renewal premium on a policy that had been in force for six months. Were we to consider this argument, we would find it without merit, as it relies on a version of Vehicle and Traffic Law § 313 (2) (a) that has not been in effect since 1998 (see L 1998, ch 509). Concur—Tom, J.P., Nardelli, McGuire, Acosta and DeGrasse, JJ.