Opinion
January 17, 1989
Appeal from the Supreme Court, Nassau County (Christ, J.).
Ordered that the judgment is affirmed, with costs.
We agree that the master arbitrator did not exceed his power in this case (see, Matter of Smith [Firemen's Ins. Co.], 55 N.Y.2d 224). A master arbitrator is empowered to vacate an award rendered in expedited arbitration which is incorrect as a matter of law (11 N.Y.CRR former 65.17 [a] [4], now 65.18 [a] [4]; see, Matter of Petrofsky [Allstate Ins. Co.], 54 N.Y.2d 207). While a master arbitrator may not vacate an award based upon a de novo review of the evidence (see, Matter of Petrofsky [Allstate Ins. Co.], supra, at 212), applying the law to a given set of facts is well within the province of a master arbitrator, even if his conclusion differs from that of the arbitrator (see, Matter of Smith [Firemen's Ins. Co.], supra, at 231-232; Matter of Owens [Northwestern Natl. Ins. Co.], 116 A.D.2d 784). Accordingly, the Supreme Court properly denied the petition to vacate the master arbitrator's award.
We have examined the petitioner's remaining arguments and find them to be without merit. Mangano, J.P., Thompson, Kunzeman and Eiber, JJ., concur.