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MATTER OF SMITH

55 N.Y.2d 224 (1982)

In the Matter of the Arbitration between Daryl B. Smith, Appellant, and Firemen's Insurance Company, Respondent. In the Matter of the Arbitration between David L. Mott, Appellant, and State Farm Insurance Co., Respondent.

Court of Appeals of the State of New York.

Decided February 23, 1982.

Attorney(s) appearing for the Case

John L. Bell for appellant in the first above-entitled proceeding.

William L. Owens for respondent in the first above-entitled proceeding.

Joseph T. Pondolfino, Jr., for appellant in the second above-entitled proceeding.

Martin J. Kane and John Rittinger for respondent in the second above-entitled proceeding.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

These two appeals involve the proper application of our recent decision in Matter of Petrofsky (Allstate Ins. Co.) (54 N.Y.2d 207), regarding the scope of a master arbitrator's powers when reviewing an arbitrator's award made in compulsory arbitration.

In Matter of Smith (Firemen's Ins. Co.), the first of these appeals, petitioner Smith sustained...

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