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MATTER OF GOV'T EMPLOYEES INS. CO. v. SPARROW

66 A.D.2d 782 (1978)

In the Matter of Government Employees Insurance Company, Respondent, v. Alberta Sparrow, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 4, 1978

Judgment affirmed, with $50 costs and disbursements.

There having been no rational basis under the statute for the arbitrator's determination that "first party benefits" payable as compensation for lost earnings might exceed $800 per month, his award was properly vacated by Special Term (see Insurance Law, § 671, subd 2, par [a]; Matter of Garcia v Federal Ins. Co., 61 A.D.2d 236; see, also, Montgomery v Daniels<...

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