In re of Central Mut. Fire
v.
State Farm

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Fourth DepartmentDec 30, 1996
234 A.D.2d 995 (N.Y. App. Div. 1996)
234 A.D.2d 995651 N.Y.S.2d 829

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December 30, 1996.

Order insofar as appealed from unanimously reversed on the law without costs, application granted and award confirmed.

Present — Green, J.P., Lawton, Fallon, Callahan and Boehm, JJ.


Supreme Court erred in denying the application of respondent State Farm Insurance Companies to confirm the arbitrator's award. CPLR 7510 provides tha t "[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." Because there is no basis in this record to vacate or modify the arbitrator's award, it must be confirmed ( see generally, Graniteville Co. v First Natl. Trading Co., 179 AD2d 467, 468-469, lv denied 79 NY2d 759). (Appeal from Order of Supreme Court, Erie County, Gorski, J."Arbitration.)