IN RE: Arbitration of Certain Controversies between Robert SHANNON (1997)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Arbitration of Certain Controversies between Robert SHANNON, Petitioner-Respondent, LIBERTY MUTUAL INSURANCE COMPANY, Respondent-Appellant.

Decided: February 06, 1997

Before WALLACH, J.P., and NARDELLI, WILLIAMS and TOM, JJ.

Martin S. Rothman, for Petitioner-Respondent. Ellen J. Golden, for Respondent-Appellant.

Judgment, Supreme Court, New York County (Carol Arber, J.), entered October 31, 1995, awarding petitioner the principal sum of $75,000 and bringing up for review an order of the same court and Justice, entered October 4, 1995, which, inter alia, granted petitioner's motion to confirm an arbitrator's award, unanimously affirmed, with costs.

Respondent, having participated in the arbitration proceeding, cannot now contest the authority of the arbitrator to determine the very issue submitted. Since respondent has not established that the arbitrator's award was “completely irrational”, the IAS court properly confirmed the award (see, Rochester City School Dist. v. Rochester Teachers Assoc., 41 N.Y.2d 578, 582-583, 394 N.Y.S.2d 179, 362 N.E.2d 977). Respondent's remaining contentions are without merit.

MEMORANDUM DECISION.

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