Opinion
November 30, 1987
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the judgment is affirmed, with costs.
We agree with the holding of the Supreme Court that "[a] review of the master arbitrator's determination indicates that he reached his conclusion based upon an impermissible weighing of the evidence (Matter of Petrofsky [Allstate Ins. Co.], 54 N.Y.2d 207; Matter of Smith [Firemen's Ins. Co.], 55 N.Y.2d 224)" (see, also, Matter of Aleman [Empire Mut. Ins. Co.], 62 N.Y.2d 1017; cf., Matter of Allcity Ins. Co. v. Puntorno, 114 A.D.2d 454).
The appellant's contention regarding the composition of the health service arbitration panel, which was not raised before the Supreme Court, is based upon matter dehors the record. Accordingly, the issue is not reviewable by this court. Brown, J.P., Lawrence, Weinstein and Eiber, JJ., concur.