In re the Arbitration between Spindler & New York Central Mutual Fire Insurance

—Rose, J.

Cross appeals from an order of the Supreme Court (Dowd, J.), entered March 22, 2000 in Otsego County, which, inter alia, granted petitioner’s application pursuant to CPLR 7510 to confirm an arbitration award.

When petitioner was injured in a 1991 motor vehicle accident, the tortfeasor’s insurance carrier paid him the $25,000 maximum policy benefit for his injuries. Petitioner then presented a claim to respondent, his insurer, for benefits under the underinsured motorist endorsement of his policy. This claim went to arbitration where the arbitrator found $80,000 in total damages “prior…