New York Central Mutual Fire Insurance v. Nichols

—Order unanimously affirmed without costs. Memorandum: We reject petitioner’s argument that the arbitration was compulsory and, therefore, subject to the broad judicial review available in CPLR article 78 proceedings (compare, Motor Vehicle Mfrs. Assn. v State of New York, 75 NY2d 175, 186; Caso v Coffey, 41 NY2d 153; Mount St. Mary’s Hosp. v Catherwood, 26 NY2d 493, 508, rearg denied 27 NY2d 737). The parties’ insurance contract included a provision for arbitration where there is a dispute "[wjhether that person is legally entitled to recover damages under this Part C [uninsured motorists…