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MATTER OF ALLSTATE INS. CO. v. ESPINAL

205 A.D.2d 531 (1994)

614 N.Y.S.2d 280

In the Matter of Allstate Insurance Company, Respondent, v. Domingo Espinal, Appellant

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

June 6, 1994

Ordered that the order is affirmed, with costs.

In basing his determination to modify the award upon a matter which was never raised before the hearing arbitrator, the master arbitrator exceeded his power to review the award rendered (see, 11 NYCRR 65.18 [c] [6]; Matter of Empire Mut. Ins. Co. v Jones, 151 A.D.2d 754). The Supreme Court therefore properly vacated the master arbitrator's award (see, CPLR 7511...

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