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In the MATTER OF ENDA REILLY, ET AL., appellants, v. PROGRESSIVE INSURANCE COMPANY, respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The petitioners sought to vacate an arbitrator's award denying them uninsured motorist benefits on the grounds that the arbitrator was not impartial and that his determination was irrational. However, the petitioners waived their right to object to the determination on the ground of partiality by participating in the arbitration without objection after observing the conduct they believed revealed such partiality ( see Matter of Goldfinger v. Lisker, 68 N.Y.2d 225; Matter of Stevens Co. [Rytex Corp.], 34 N.Y.2d 123; Matter of Kornit [Plainview-Old Bethpage Cent. School Dist.], 49 N.Y.2d 842; Matter of City School Dist. of Oswego, 100 A.D.2d 13). Further, the determination was not irrational ( see Matter of Squire v. Henschel, 2 A.D.3d 737; Matter of Rockland County Bd. of Coop. Educ. Servs. v. BOCES Staff Assn., 308 A.D.2d 452; Matter of Salco Constr. Co. v. Lasberg Constr. Assocs., 249 A.D.2d 309).

RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.

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MATTER OF REILLY
(Mar 29, 2004)