The following numbered papers were used on this motion: Submitted by Petitioner GOVERNMENT EMPLOYEES INSURANCE COMPANY: NYSCEF Doc No. 24: Notice of Motion for Reargument NYSCEF Doc No. 25: Affirmation of Adriana DiMaggio in Support NYSCEF Doc No. 26: Exhibit A — Notice of Petition, Petition to Stay Arbitration & Accompanying Documents Originally Submitted NYSCEF Doc No. 27: Exhibit B — Evidence Establishing Settlement between Respondent and Liberty Mutual Insurance Company NYSCEF Doc No. 28: Exhibit C — Interim Order, May 1, 2023 NYSCEF Doc No. 29: Exhibit D — Petitioner’s Original Affirmation of Adriana DiMaggio in Reply NYSCEF Doc No. 30: Exhibit E — Certified Declarations Page, March 10, 2018 NYSCEF Doc No. 31: Exhibit F — Letter from Russell I. Reznik & Copy of Declarations Page from Respondent, Sept. 2, 2022 NYSCEF Doc No. 32: Exhibit G — Order, May 4, 2023 NYSCEF Doc No. 33: Exhibit H — Notice of Entry of May 4, 2023 Order NYSCEF Doc No. 34: Exhibit I — Affidavit of Robert Smid, GEICO Underwriter NYSCEF Doc No. 35: Affidavit of Service of Motion Papers Submitted by Proposed Additional Respondent ALLSTATE INSURANCE COMPANY: NYSCEF Doc No. 36: Affirmation of Jeffrey Kadushin in Opposition NYSCEF Doc No. 37: Exhibit 1 — Police Report NYSCEF Doc No. 38: Exhibit 2 — Insurance Policy NYSCEF Doc No. 39: Exhibit 3 — Evidence Establishing Settlement between Respondent and Allstate Insurance Company Submitted by Respondent JOSEPH SHLOMO: NYSCEF Doc No. 40: Stipulation of Adjournment Submitted by Proposed Additional Respondent ALLSTATE INSURANCE COMPANY: NYSCEF Doc No. 41: Stipulation of Adjournment NYSCEF Doc No. 42: Affidavit of Service of Motion Papers Submitted by Respondent JOSEPH SHLOMO: NYSCEF Doc No. 43: Affirmation of Bruce S. Reznik in Opposition NYSCEF Doc No. 44: Exhibit A — Transcript of May 4, 2023 Court Proceedings NYSCEF Doc No. 45: Affirmation of Service of Motion Papers Submitted by Petitioner GOVERNMENT EMPLOYEES INSURANCE COMPANY: NYSCEF Doc No. 46: Reply Affirmation of Adriana DiMaggio in Support NYSCEF Doc No. 47: Exhibit A — Transcript of May 4, 2023 Court Proceedings NYSCEF Doc No. 48: Exhibit B — Evidence Establishing Settlement between Respondent and Allstate Insurance Company NYSCEF Doc No. 49: Statement of Authorization for Electronic Filing DECISION, ORDER & JUDGMENT I. Question Presented Should Petitioner insurance company’s petition to permanently stay SUM arbitration be granted on a motion to reargue a previous denial where the substantive arguments rely on newly submitted documents, a situation which is conducive to a motion to renew; Petitioner failed to comply with court rules mandating submission of the transcript of the prior proceedings; Petitioner did not schedule an EUO and IME; and Petitioner has already perfected an appeal of the order denying the petition? II. Background & Arguments The within dispute stems originally from a motor vehicle accident which took place on June 11, 2018, in Brooklyn, New York (see NYSCEF Doc No. 26, petition 5 at PDF 6 & police report at PDF 16-20). Respondent Joseph Shlomo was a passenger in a vehicle owned by Nina Steigelfest, operated by Susan Arlick, and insured by Allstate Insurance Company (“Allstate”), the latter three being named herein as Proposed Additional Respondents. The offending vehicle was owned by Yvette Larrieux, operated by Khaldun Jacques Goeven, and insured by Liberty Mutual Insurance Company (“Liberty Mutual”), the latter three also being named herein as Proposed Additional Respondents. The offending vehicle struck the one in which Respondent Shlomo was a passenger in the rear. (See NYSCEF Doc No. 26, police report at PDF 16-20.) Respondent Shlomo co-owned one or more motor vehicles which were insured by Petitioner Government Employees Insurance Company (“GEICO”) (see NYSCEF Doc No. 30, declarations page at PDF 4). Asserting a supplementary underinsured motorist (“SUM”) claim against Petitioner GEICO since his personal vehicle insurance policy contained an SUM endorsement, Respondent Joseph Shlomo filed for SUM arbitration against Petitioner GEICO before the American Arbitration Association (see NYSCEF Doc No. 26, petition
3-5 at PDF 6 & SUM arbitration request at PDF 11-14). In response, Petitioner GEICO commenced the within special proceeding pursuant to CPLR 7503 (c) to permanently stay the arbitration or, in the alternative, temporarily stay it pending receipt of discovery (see NYSCEF Doc No. 26, notice of petition at PDF 2-5). The application for a permanent stay of arbitration was predicated on Respondent Shlomo having SUM coverage of $50,000 individual/$100,000 accident total, his having received $25,000 from Proposed Additional Respondent Liberty Mutual, there being available SUM coverage in the Allstate-insured vehicle’s policy, and his GEICO policy requiring him to first exhaust coverage under the Allstate-insured vehicle’s policy, it covering the vehicle he occupied (see NYSCEF Doc No. 26, petition
