MATTER OF STATE FARM INS. CO. v. SPILOTROS

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the petitioner, State Farm Insurance Company (hereinafter State Farm), failed to demonstrate any of the requisite statutory criteria for vacating an arbitration award ( see, CPLR 7511 [b]). Contrary to State Farm's contention, the master arbitrator properly considered the evidence which demonstrated that State Farm had received timely notice of the respondent's claim ( see, 11 NYCRR 65.15 [b] [4]) since the record reveals that this evidence was transmitted to the original arbitrator. Accordingly, the master arbitrator did not exceed his powers by vacating the original arbitration award which, in light of this: evidence, was "incorrect as a matter of law" (11 NYCRR 65.18 [a] [4]; see, Insurance Law § 5106; Matter of Petrofsky [Allstate Ins. Co.], 54 N.Y.2d 207, 210-211; Matter of Allstate Ins. Co. v. Keegan, 201 A.D.2d 724).

Mangano, P. J., Thompson, Santucci and McGinity, JJ., concur.