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Matter of Utica v. Village of Floral Park

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 565 (N.Y. App. Div. 1999)

Opinion

Submitted May 5, 1999

June 21, 1999

In a proceeding to vacate an arbitration award, the Incorporated Village of Floral Park appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated September 4, 1998, which, upon granting its motion to renew and reargue the denial of its application to set aside the award and granting the cross-motion of the petitioner to confirm the arbitral award, which were determined by a prior order of the same court dated April 7, 1998, adhered to the original determination.

Mulholland, Minion Roe, Williston Park, N.Y. (Paul M. Duffy and Ronald J. Morelli of counsel), for appellant.

Serpe, Andree Kaufman, Huntington, N.Y. (Jonathan H. Kaufman of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

By failing to raise the issue of jurisdiction prior to arbitration, the Village waived the contentions that the insurance claim was not arbitrable under Insurance Law § 5105 and/or that the arbitrator exceeded her jurisdiction ( see, Matter of Liberty Mut. Ins. Co., 234 A.D.2d 901). In any event, the testimony at the hearing and the absence of any evidence to the contrary from the Village provided a rational basis for the arbitrator to conclude both that she had jurisdiction and that the Village was liable to reimburse Utica Mutual Insurance Company (hereinafter Utica) based on the "for hire" requirement set forth in Insurance Law § 5105 ( Matter of Hanover Ins. Co. v. State Farm Mut. Auto Ins. Co., 226 A.D.2d 533). The fact that Utica submitted hearsay evidence at the hearing did not, by itself, provide a sufficient basis for vacatur ( see, Matter of New York State Inspection Sec. Law Enforcement Empls., Dist. Council 82, AFSCME, AFL-CIO [Dept. of Correctional Servs. of State of N.Y.], 227 A.D.2d 856, 857).


Summaries of

Matter of Utica v. Village of Floral Park

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 565 (N.Y. App. Div. 1999)
Case details for

Matter of Utica v. Village of Floral Park

Case Details

Full title:In the Matter of UTICA MUTUAL INSURANCE COMPANY, respondent, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 21, 1999

Citations

262 A.D.2d 565 (N.Y. App. Div. 1999)
692 N.Y.S.2d 420