In re the Arbitration between Alsante & Allstate Insurance

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: In this proceeding pursuant to CPLR article 75, petitioner seeks to vacate an arbitrator’s award denying him additional no-fault benefits. In denying petitioner’s claim for further wage loss benefits, the arbitrator found that petitioner “would have been laid off effective October 3, 1994 and would have lost his income for reasons unrelated to the accident.” That finding was improperly based on an assumption and,…