Opinion
2003-02436.
Decided March 1, 2004.
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Phelan, J.), dated October 22, 2002, which denied the petition, confirmed the award, and, in effect, dismissed the proceeding.
Samuel K. Rubin, Bethpage, N.Y. (Lawrence R. Miles of counsel), for appellant.
Alan B. Brill, P.C., Suffern, N.Y. (Noemi S. Subotovsky of counsel), for respondent State Farm Mutual Automobile Insurance Company.
Curtis, Vasile, Devine and McElhenny, Merrick, N.Y. (Marianne Arcieri of counsel), for respondent Kemper National Insurance Company.
Before: SONDRA MILLER, J.P., HOWARD MILLER, STEPHEN G. CRANE and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with one bill of costs.
"An arbitration award in a mandatory arbitration proceeding, such as this one, will be upheld if it is supported by the evidence and is not arbitrary and capricious" ( Matter of Sari M. Friedman v. Gleeson, 300 A.D.2d 404; see Matter of Motor Vehicle Acc. Indem. Corp. v. Aetna Cas. Sur. Co., 89 N.Y.2d 214, 223; Matter of Ryan Henderson, v. Haviv, 309 A.D.2d 939, 940). Contrary to the petitioner's contention, the arbitration panel's determination was amply supported by the evidence in the record, and was not arbitrary and capricious ( see Matter of Motor Vehicle Acc. Indem. Corp. v. Aetna Cas. Sur. Co., supra).
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.