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In the Matter of the Arbitration between COUNTRY-WIDE INSURANCE COMPANY, Appellant, and ROBERTO BARRIOS, Respondent.

MEMORANDUM.

Order affirmed, with costs. Attorneys' fees allowable under the regulations (11 N.Y.CRR 65.6 [g] [1]) of the Comprehensive Automobile Insurance Reparations Act (Insurance Law, art 18) are "based upon the reasonable value of the legal work performed in obtaining the recovery" and not the amount in controversy. It is the arbitrator who is empowered to evaluate legal services (Insurance Law, § 675).

There is nothing in the record to warrant disturbing the award (cf. Matter of Torano [MVAIC], 15 N.Y.2d 882, affg 19 A.D.2d 356).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.

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MATTER OF COUNTRY-WIDE INSURANCE COMPANY
(Nov 15, 1977)