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ERICKSON HERNANDEZ, res, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, ap

MATTER OF ERICKSON HERNANDEZ, res, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, ap — (INDEX NO. 2647/13)In a proceeding pursuant to Insurance Law §5218(c) for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, the Motor Vehicle Accident Indemnification Corporation appeals from an order of the Supreme Court, Queens County (Taylor, J.), entered June 24, 2013, which granted the petition.

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MATTER OF ERICKSON HERNANDEZ, res, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, ap — (INDEX NO. 2647/13)In a proceeding pursuant to Insurance Law §5218(c) for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, the Motor Vehicle Accident Indemnification Corporation appeals from an order of the Supreme Court, Queens County (Taylor, J.), entered June 24, 2013, which granted the petition.

ORDERED that the order is modified, on the law and the facts, by deleting the provision thereof granting the petition in its entirety and substituting therefor a provision granting the petition only to the extent of directing an evidentiary hearing on the issues of whether the subject accident was reported to the police within 24 hours, whether the petitioner filed a notice of claim within 90 days of the accident, and whether the petitioner is a “qualified person” pursuant to article 52 of the Insurance Law, and otherwise holding the petition in abeyance; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.

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