AIU Insurance v. Empire Insurance

Appellate Division of the Supreme Court of New York

AIU Insurance v. Empire Insurance

298 A.D.2d 455, 748 N.Y.S.2d 268, 2002 N.Y. App. Div. LEXIS 9858

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 2002·Published

Opinion

In a proceeding pursuant to CPLR article 75 to vacate arbitration awards, the petitioner appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated October 18, 2001, which denied the petition and, in effect, dismissed the proceeding.

[456] Ordered that the order is modified, on the law, by adding a provision thereto confirming the awards; as so modified, the order is affirmed, with costs to the respondent Empire Insurance Company.

The petitioner failed to demonstrate any basis to vacate the arbitration awards (see CPLR 7511; Levy v New York State Workers’ Compensation Bd., 292 AD2d 388; Matter of County of Orange v Civil Serv. Employees’ Assn., 266 AD2d 212). Accordingly, the Supreme Court properly denied the application to vacate the awards. However, upon denying the petition, the Supreme Court should have confirmed the awards (see CPLR 7511 [e]). Feuerstein, J.P., McGinity, Luciano and Schmidt, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to vacate arbitration awards, the petitioner appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated October 18, 2001, which denied the petition and, in effect, dismissed the proceeding.

[456] Ordered that the order is modified, on the law, by adding a provision thereto confirming the awards; as so modified, the order is affirmed, with costs to the respondent Empire Insurance Company.

The petitioner failed to demonstrate any basis to vacate the arbitration awards (see CPLR 7511; Levy v New York State Workers’ Compensation Bd., 292 AD2d 388; Matter of County of Orange v Civil Serv. Employees’ Assn., 266 AD2d 212). Accordingly, the Supreme Court properly denied the application to vacate the awards. However, upon denying the petition, the Supreme Court should have confirmed the awards (see CPLR 7511 [e]). Feuerstein, J.P., McGinity, Luciano and Schmidt, JJ., concur.

AIU Insurance v. Empire Insurance, 298 A.D.2d 455, 748 N.Y.S.2d 268, 2002 N.Y. App. Div. LEXIS 9858 (N.Y. Ct. App. 2002).

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298 A.D.2d 455 (AIU Insurance v. Empire Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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