In re the Arbitration between New Hampshire Insurance & Utilities Mutual Insurance

Appeal (1) from an order of the Supreme Court at Special Term (Cobb, J.), entered January 27, 1986 in Albany County, which, inter alia, denied petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award, and confirmed the award, and (2) from the judgment entered thereon.

Carl Cunniff was injured in the course of his employment for Niagara Mohawk Power Corporation when a truck ran into the building where he was working, causing an explosion. Cunniff received $11,924.51 in workers’ compensation benefits from respondent, his employer’s compensation carrier. Since Cunniff…