Appellate Division of the Supreme Court of the State of New York December 16, 2004 (In re the Arbitration between Lumbermens Mutual Casualty Co. & Brooks)

Order, Supreme Court, New York County (Rosalyn Richter, J.), entered on or about August 4, 2003, which granted the petition to permanently stay an uninsured motorist arbitration on the ground that the motorist involved was insured on the date of the accident, unanimously affirmed, without costs.

*199Although the notice of cancellation sent by respondent American Transit Insurance Co.