In re the Arbitration between Aleman & Empire Mutual Insurance

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, the award of the master arbitrator vacated and the award of the arbitration panel reinstated.

A review of the master arbitrator’s determination indicates that, in modifying the arbitration panel’s award, he engaged in extensive factual review and reached his conclusion based upon an impermissible weighing of the evidence (Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207; Matter of Smith [Firemen’s Ins. Co.], 55 NY2d 224). There was evidence before the arbitration panel to support its finding…