In re the Arbitration between Allstate Insurance & Schlueter

Appellate Division of the Supreme Court of New York

In re the Arbitration between Allstate Insurance & Schlueter

267 A.D.2d 1098, 701 N.Y.S.2d 682, 1999 N.Y. App. Div. LEXIS 13927

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 1999

DocketAppeal No. 2

StatusPublished

This text of 267 A.D.2d 1098 (In re the Arbitration between Allstate Insurance & Schlueter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Arbitration between Allstate Insurance & Schlueter, 267 A.D.2d 1098, 701 N.Y.S.2d 682, 1999 N.Y. App. Div. LEXIS 13927 (N.Y. Ct. App. 1999).

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Opinion

[1099]*1099Supreme Court. This appeal from a judgment entered upon an order confirming an arbitration award brings up for review any nonfinal judgments or orders that necessarily affect the final judgment (see, CPLR 5501 [a] [1]). The issue of arbitrability, however, was decided on the petition to stay arbitration (see, CPLR 7503 [b]), and the order dismissing that petition was final (see, Matter of Barnes [Council 82, AFSCME—Monroe], 246 AD2d 755, 756; Matter of Barnes [Council 82, AFSCME—Monroe], 235 AD2d 826; see also, Flanagan v Prudential-Bache Sec., 67 NY2d 500, 505, n 2, cert denied 479 US 931). Matter of Commerce & Indus. Ins. Co. v Nester (90 NY2d 255) involved separate appeals from an order denying a stay of arbitration and an order confirming the award.

We reject petitioner’s contention that the award lacks evidentiary support and is arbitrary and capricious (see, Matter of MVAIC v Aetna Cas. & Sur. Co., 89 NY2d 214, 223). Finally, we determine that the court acted properly to confirm the award pursuant to CPLR 7511 (e). (Appeal from Judgment of Supreme Court, Livingston County, Alonzo, Jr., J.— Arbitration.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.

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[1099]*1099Supreme Court. This appeal from a judgment entered upon an order confirming an arbitration award brings up for review any nonfinal judgments or orders that necessarily affect the final judgment (see, CPLR 5501 [a] [1]). The issue of arbitrability, however, was decided on the petition to stay arbitration (see, CPLR 7503 [b]), and the order dismissing that petition was final (see, Matter of Barnes [Council 82, AFSCME—Monroe], 246 AD2d 755, 756; Matter of Barnes [Council 82, AFSCME—Monroe], 235 AD2d 826; see also, Flanagan v Prudential-Bache Sec., 67 NY2d 500, 505, n 2, cert denied 479 US 931). Matter of Commerce & Indus. Ins. Co. v Nester (90 NY2d 255) involved separate appeals from an order denying a stay of arbitration and an order confirming the award.

We reject petitioner’s contention that the award lacks evidentiary support and is arbitrary and capricious (see, Matter of MVAIC v Aetna Cas. & Sur. Co., 89 NY2d 214, 223). Finally, we determine that the court acted properly to confirm the award pursuant to CPLR 7511 (e). (Appeal from Judgment of Supreme Court, Livingston County, Alonzo, Jr., J.— Arbitration.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.

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267 A.D.2d 1098, 701 N.Y.S.2d 682, 1999 N.Y. App. Div. LEXIS 13927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-allstate-insurance-schlueter-nyappdiv-1999.

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