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MATTER OF MARCANO v. ALLSTATE INSURANCE COMPANY

309 A.D.2d 608 (2003)

766 N.Y.S.2d 41

In the Matter of JOSE MARCANO, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided October 16, 2003.

In the absence of any showing that the arbitrator exceeded his powers or engaged in any misconduct, the court properly declined to vacate the arbitration award (CPLR 7511 [b]), which is both rational and amply supported by the record (see Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 N.Y.2d 214, 223 [1996]). Petitioner neglected to comply with court-ordered discovery by failing to submit to a physical examination and...

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