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In the Matter of UTICA MUTUAL INSURANCE COMPANY, respondent, v. INCORPORATED VILLAGE OF FLORAL PARK, appellant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

By failing to raise the issue of jurisdiction prior to arbitration, the Village waived the contentions that the insurance claim was not arbitrable under Insurance Law § 5105 and/or that the arbitrator exceeded her jurisdiction ( see, Matter of Liberty Mut. Ins. Co., 234 A.D.2d 901). In any event, the testimony at the hearing and the absence of any evidence to the contrary from the Village provided a rational basis for the arbitrator to conclude both that she had jurisdiction and that the Village was liable to reimburse Utica Mutual Insurance Company (hereinafter Utica) based on the "for hire" requirement set forth in Insurance Law § 5105 ( Matter of Hanover Ins. Co. v. State Farm Mut. Auto Ins. Co., 226 A.D.2d 533). The fact that Utica submitted hearsay evidence at the hearing did not, by itself, provide a sufficient basis for vacatur ( see, Matter of New York State Inspection Sec. Law Enforcement Empls., Dist. Council 82, AFSCME, AFL-CIO [Dept. of Correctional Servs. of State of N.Y.], 227 A.D.2d 856, 857).

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MATTER OF UTICA v. VILLAGE OF FLORAL PARK
(Jun 21, 1999)