Opinion
2009-385 S C.
Decided February 5, 2010.
Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated January 14, 2009. The order denied a petition to vacate a master arbitrator's award and an arbitrator's award, and confirmed the awards.
ORDERED that the order is affirmed without costs.
PRESENT: NICOLAI, P.J., MOLIA and IANNACCI, JJ.
In this proceeding pursuant to CPLR 7511 to vacate an arbitrator's award which denied petitioner's claim for assigned first-party no-fault benefits, as well as a master arbitrator's award which upheld the arbitrator's award, respondent opposed the petition, asserting that the arbitrator had properly denied petitioner's claim and that the master arbitrator had properly upheld the award. The District Court denied the petition and confirmed the awards. This appeal by petitioner ensued.
The standard applicable to judicial review of an award in a compulsory arbitration proceeding is whether the award had evidentiary support and was not arbitrary and capricious ( see Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. Sur. Co., 89 NY2d 214, 223). Applying this standard to the instant proceeding, we find no basis to vacate the arbitrator's award and the master arbitrator's award. Accordingly, the District Court properly denied the petition to vacate said awards and, rather, properly confirmed them.
We note that a special proceeding should terminate in a judgment, not an order ( see CPLR 411).
Nicolai, P.J., and Iannacci, J., concur.
Molia, J., taking no part.