| Boggin v Wilson (2005 NYSlipOp 00235) (742 words) |
 | Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, that portion of the order which, sua sponte, vacated the arbitration award and restored the action to the trial calendar is vacated, and the arbitration award, subject to the $30,000 cap, is reinstated, but unconfirmed. |
| The plaintiff, Arlee Boggin, allegedly sustained serious injuries as a result of an automobile accident when he was a passenger in an automobile driven by his wife, the defendant Evelyn Flowers. |
| Indeed, the burden of proof that an award has been imperfectly rendered or is the result of fraud, or is subject to vacatur on any other ground enumerated within CPLR 7511 (b), rests upon the party moving to vacate (see Matter of Stonington Mgt. |
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