Matter of Allstate Ins. Co. v Wilen

Matter of Allstate Ins. Co. v Wilen 2013 NY Slip Op 07727 Decided on November 20, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 20, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
2012-10334
(Index No. 009754/12)

[*1]In the Matter of Allstate Insurance Company, appellant,

v

Daniel Wilen, etc., respondent.




Peter C. Merani, New York, N.Y. (Mark J. Fenelon of counsel),
for appellant.
Peter J. DiConza, Jr., Manhasset, N.Y., for respondent.


DECISION & ORDER

In a proceeding pursuant to CPLR article 75 to vacate the award of a master arbitrator dated June 6, 2012, which vacated an award of an arbitrator dated March 5, 2012, the petitioner appeals from an order of the Supreme Court, Nassau County (Jaeger, J.), entered October 1, 2012, which, inter alia, denied the petition and confirmed the master arbitrator's award.

ORDERED that the order is affirmed, with costs.

"A master arbitrator is empowered to apply the law to a given set of facts even if his or her conclusion differs from that of the arbitrator" (Matter of Empire Ins. Co. v Lam, 273 AD2d 469, 470). Contrary to the petitioner's contention, the Supreme Court properly determined that the master arbitrator did not exceed his powers. The master arbitrator properly vacated the arbitration award which, in light of the evidence, was "incorrect as a matter of law" (former 11 NYCRR 65.19[a][4]; see Insurance Law § 5106; Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207; Matter of State Farm Ins. Co. v Spilotros, 257 AD2d 577).

The petitioner's remaining contentions are without merit.
DILLON, J.P., DICKERSON, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court