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MTR OF CADY (AETNA LIFE)

113 Misc.2d 1080 (1982)

In the Matter of the Arbitration between Gerald A. Cady, Petitioner, and Aetna Life & Casualty Company, Respondent; Albert B. Lewis, as Superintendent of the Insurance Department, et al., Respondents-Intervenors.

Supreme Court, Special Term, Broome County.

May 3, 1982

Attorney(s) appearing for the Case

Stearns & O'Connor (Theodore J. Mlynarski, Jr., of counsel), for petitioner. Levene, Gouldin & Thompson (William S. Yaus of counsel), for respondent. Robert Abrams, Attorney-General (Judith I. Ratner of counsel), for respondents-intervenors.

RICHARD F. KUHNEN, J.

The petitioner moves, pursuant to CPLR 7511 (subd [a]), for an order vacating in part an award of a master arbitrator on the ground that he exceeded his power in making portions of the award and that they were also capricious, arbitrary, and without a rational basis.

Petitioner, a Deputy Broome County Sheriff, was injured on May 13, 1979, while operating a motor vehicle in the...

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