Opinion
May 26, 1998
Appeal from the Supreme Court, Nassau County (Phelan, J.)
Ordered that the order is affirmed insofar as appealed from, with costs.
We reject the appellants contention that arbitration must take place before the American Arbitration Association. Since the insurance policy contained a mechanism for arbitration whereby each party was to select one arbitrator, and those two arbitrators would then select a third, the appellant is required to follow the arbitration procedures set forth in the policy ( see, Matter of State Mut. Auto. Ins. Co. [Mercado], 52 N.Y.2d 840; Matter of Allstate Ins. Co. v. Geller, 218 A.D.2d 797; Matter of Aetna Cas. Sur. Co. v. Cinisomo, 197 A.D.2d 683). New York State law does not mandate the court to direct proceedings before the American Arbitration Association ( see, Matter of State Mut. Auto. Ins. Co. [Mercado] supra).
Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.