Appellate Division of the Supreme Court of the State of New York February 4, 2002 (Kemper Insurance Companies v. Azayeva)

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated September 21, 2001, which denied the petition and dismissed the proceeding.