Ordered that the order and judgment is reversed, on the law, with costs, the cross petition is denied, the petition is granted, and the arbitration award is vacated ( see, Matter of Allstate Ins. Co. v. Balsamello, 227 A.D.2d 616 [decided herewith]). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.