IN RE: Kenn VISELMAN (2005)

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

IN RE: Kenn VISELMAN, Petitioner-Appellant, v. The ITSY BITSY ENTERTAINMENT COMPANY, INC., et al., Respondents-Respondents.

Decided: June 14, 2005

BUCKLEY, P.J., MAZZARELLI, FRIEDMAN, MARLOW, ELLERIN, JJ.

Janvey, Gordon, Herlands, Randolph & Cox LLP, New York (Nicholas R. Weiskopf of counsel), for appellant. Vedder, Price, Kaufman & Kammholz, P.C., New York (Dan L. Goldwasser of counsel), for respondents.

Order and judgment (one paper), Supreme Court, New York County (Robert D. Lippmann, J.), entered January 7, 2005, which denied petitioner's application to vacate an arbitration, and dismissed the petition, unanimously affirmed, without costs.

The evidence supporting the award, and the panel's finding that the company in which petitioner seeks to recover an equity interest was rendered worthless in part because of petitioner's actions, meets the standard of Matter of Andros Cia. Maritima [Marc Rich & Co.], 579 F.2d 691, 704 [2d Cir., 1978]. Nor was petitioner denied a “ ‘fundamentally fair hearing’ ” (Fine v. Bear Stearns & Co., 765 F.Supp. 824, 828-829 [S.D.N.Y.1991] ) by the panel's refusal to fully enforce disclosure directives made at the outset of the hearing. However, the appeal is not frivolous and we reject respondents' request to impose sanctions.

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