Opinion
2001-07281
Submitted March 26, 2002.
May 8, 2002.
In a proceeding pursuant to CPLR article 75 to confirm an award of an arbitrator dated December 1, 1999, which was affirmed in a determination of a master arbitrator dated September 12, 2000, Eagle Insurance Company appeals from a judgment of the Supreme Court, Westchester County (Bellantoni, J.), entered July 2, 2001, which, upon an order of the same court entered June 22, 2002, granting the petition to confirm, inter alia, is in favor of the petitioner and against it in the principal sum of $7,016.62.
John Gifford Molloy, P.C., White Plains, N.Y., for appellant.
Robert O. Corini, New Rochelle, N.Y., for respondent.
Before: RITTER, J.P., FEUERSTEIN, LUCIANO, ADAMS, JJ.
ORDERED that the judgment is affirmed, with costs.
Contrary to the contention of the appellant, Eagle Insurance Company, it failed to timely commence a de novo action on the claim giving rise to the arbitration award (see Insurance Law § 5106[c]; 11 NYCRR 65.18(i)(2); CPLR 7511; Matter of Gersten v. American Tr. Ins. Co., 161 Misc.2d 57, 58, fn 2). Thus, as the arbitration award was not otherwise challenged, it was properly confirmed and judgment was properly awarded in favor of the petitioner (see Matter of Abadinsky v. Aetna Cas. Sur. Co., 250 A.D.2d 673; Matter of Aetna Cas. Sur. Co. v. Mantovani, 240 A.D.2d 566).
RITTER, J.P., FEUERSTEIN, LUCIANO and ADAMS, JJ., concur.