Opinion
June 6, 1994
Appeal from the Supreme Court, Queens County (Kassoff, J.).
Ordered that the order is affirmed, with costs.
In basing his determination to modify the award upon a matter which was never raised before the hearing arbitrator, the master arbitrator exceeded his power to review the award rendered (see, 11 NYCRR 65.18 [c] [6]; Matter of Empire Mut. Ins. Co. v Jones, 151 A.D.2d 754). The Supreme Court therefore properly vacated the master arbitrator's award (see, CPLR 7511 [b] [1] [iii]). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.