Opinion
June 22, 1998
Appeal from the Supreme Court, Nassau County (Winslow, J.).
Ordered that the order and judgment is affirmed, with costs.
To be upheld, an award in a compulsory arbitration proceeding must have evidentiary support and cannot be arbitrary and capricious ( see, Matter of MVAIC v. Aetna Cas. Sur. Co., 89 N.Y.2d 214, 223; Mount St. Mary's Hosp. v. Catherwood, 26 N.Y.2d 493). The Supreme Court properly confirmed the arbitrator's awards. The respondent established a prima facie case that the subject vehicle was insured by the petitioner at the time of the accident ( see, Matter of Eagle Ins. Co. v. Olephant, 81 A.D.2d 886; Matter of State Farm Mut. Auto. Ins. Co. v. Yeglinski, 79 A.D.2d 1029), and the affidavit of the petitioner's underwriting manager was insufficient to overcome this showing ( see, Country Wide Ins. Co. v. Allstate Ins. Co., 223 A.D.2d 664; see also, Matter of State Farm Ins. Co. v. Vanblarcom, 226 A.D.2d 732; cf., Matter of Allstate Ins. Co. v. Karadag, 205 A.D.2d 531).
Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.