Opinion
October 21, 1985
Appeal from the Supreme Court, Kings County (Jordan, J.).
Order affirmed, insofar as appealed from.
Respondent is awarded one bill of costs.
While a master arbitrator is not permitted to engage in a de novo factual review of the evidence before a Health Services Arbitration (HSA) panel, he may review the evidence to determine whether it is sufficient as a matter of law to support the HSA decision (Matter of Petrofsky [Allstate Ins. Co.], 54 N.Y.2d 207). Here there is no indication that the master arbitrator reviewed the weight of the evidence, evaluated the credibility of witnesses, or otherwise conducted an independent review of the evidence. His determination was based upon a finding that there was no evidence to support the HSA finding. Thus, the master arbitrator's determination was not in excess of the scope of his authority under 11 NYCRR 65.17 (e) (1) and should not be vacated (see, Matter of Smith [Firemen's Ins. Co.], 55 N.Y.2d 224). Mollen, P.J., Thompson, Bracken and O'Connor, JJ., concur.