Opinion
December 11, 1989
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the amended judgment is reversed, on the law, the petitioner's application is denied, and the appellant's cross application is granted; and it is further,
Ordered that the judgment is vacated; and it is further,
Ordered that the appellant is awarded one bill of costs.
Contrary to the petitioner's contentions, we find that the master arbitrator did not exceed the scope of his authority under 11 NYCRR 65.18 (a) (4) and that the Supreme Court erred in vacating his determination disallowing the petitioner's claim (see, Matter of Smith [Firemen's Ins. Co.], 55 N.Y.2d 224; Martinez v Metropolitan Prop. Liab. Ins. Co., 146 A.D.2d 610; Matter of Allcity Ins. Co. v Puntorno, 114 A.D.2d 454). Brown, J.P., Lawrence, Eiber and Spatt, JJ., concur.