Opinion
February 5, 1973
In a proceeding under article 75 of the CPLR to confirm an arbitration award made under an uninsured automobile indorsement on a liability insurance policy, the appeal is from an order of the Supreme Court, Nassau County, dated May 4, 1971, which (1) denied the application and (2) granted respondent's cross motion to vacate or modify the award to the extent of remanding the matter to the arbitrator for the purpose of ascertaining and stating the amount of workmen's compensation benefits to be credited against the award to each petitioner. Order affirmed, without costs. No opinion. Munder, Latham, Gulotta and Benjamin, JJ., concur; Hopkins, Acting P.J., concurs in result, under constraint of Matter of Durrant (MVAIC) ( 15 N.Y.2d 408) and Matter of Napolitano (MVAIC) ( 21 N.Y.2d 281).