State Farm Ins. Co., Matter of, v Clarendon Natl. Ins. Co.

[*1] State Farm Ins. Co., Matter of, v Clarendon Natl. Ins. Co. 2005 NYSlipOp 51042(U) Decided on July 1, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 1, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: GOLIA, J.P., RIOS and BELEN, JJ.
2004-1461 Q C

In the Matter of State Farm Insurance Company, a/s/o Christina Milea, Appellant,

against

Clarendon National Insurance Company, Respondent.

Appeal by petitioner from an order of the Civil Court, Queens County (B. Siegal, J.), entered June 22, 2004, denying its petition to confirm the arbitrator's award.

Order unanimously modified by vacating the amended arbitrator's award; as so modified, affirmed without costs.

Petitioner State Farm Insurance Company commenced the instant special proceeding to confirm the April 2003 amended arbitrator's award. CPLR 7510 provides that "[t]he court shall confirm an award upon application of a party made within one year
after its delivery to him, unless the award is vacated or modified upon a ground specified in section 7511." Upon a review of the record, we find that in amending the original arbitrator's award, Arbitration Forums, Inc. exceeded its powers since such amendment was not made within the mandates of section 5-2 of its Rules and Regulations. Accordingly, the amended arbitrator's award is vacated pursuant to CPLR 7511 (b) (1) (iii) and, thus, the court below properly denied the petition.

We note that a special proceeding should terminate in a judgment not an order (see CPLR 411). [*2]
Decision Date: July 01, 2005