Opinion
2003-07585.
Decided June 14, 2004.
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from an order of the Supreme Court, Nassau County (Covello, J.), dated July 31, 2003, which denied the petition and dismissed the proceeding.
Samuel K. Rubin, Bethpage, N.Y. (Lawrence R. Miles of counsel), for appellant.
Stewart, Greenblatt, Manning Baez, Syosset, N.Y. (Ricardo A. Baez of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, STEVEN W. FISHER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
An arbitration award in a mandatory arbitration proceeding will be upheld if it is supported by the evidence and is not arbitrary and capricious ( see Matter of Sari M. Friedman, P.C., v. Gleeson, 300 A.D.2d 404; see also Matter of Motor Vehicle Acc. Indem. Corp. v. Aetna Cas. Sur. Co., 89 N.Y.2d 214, 223). Contrary to the petitioner's contentions, the arbitration panel's determination was supported by the evidence in the record and was not arbitrary and capricious ( see Matter of Motor Vehicle Acc. Indem. Corp. v. Aetna Cas. Sur. Co., supra).
SANTUCCI, J.P., S. MILLER, SCHMIDT and FISHER, JJ., concur.