Opinion
2002-06982, 2002-06983
Argued April 1, 2003.
April 28, 2003.
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award dated October 30, 2001, the petitioner appeals from (1) a decision of the Supreme Court, Suffolk County (Klein, J.), dated May 13, 2002, and (2) a judgment of the same court, entered June 27, 2002, which denied the petition and dismissed the proceeding.
David W. McCarthy, Deer Park, N.Y. (Malvina Nathanson of counsel), for appellant.
Curtis, Vasile, Devine McElhenny, Merrick, N.Y. (Michael J. Dorry of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, SONDRA MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicci v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
ORDERED that the judgment is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the respondent.
The petitioner did not establish any grounds to vacate the arbitration award, which was not arbitrary and capricious (see CPLR 7511[b]; Matter of Motor Vehicle Acc. Indem. Corp. v. Aetna Cas. Sur. Co., 89 N.Y.2d 214; Matter of Petrofsky [Allstate Ins. Co.], 54 N.Y.2d 207; Matter of Metro Med. Diagnostics v. Eagle Ins. Co., 293 A.D.2d 751; Matter of Jenkins v. Empire/Allcity Ins. Co., 289 A.D.2d 331).
PRUDENTI, P.J., RITTER, S. MILLER and SCHMIDT, JJ., concur.