CARDEON v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

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

Matter of Sheree L. CARDEON and Christopher N. Cardeon, Petitioners-Appellants, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent-Respondent.

Decided: April 29, 2005

PRESENT:  PIGOTT, JR., P.J., HURLBUTT, MARTOCHE, SMITH, AND PINE, JJ. Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP, Buffalo (John A. Collins of Counsel), for Petitioners-Appellants. Brown & Kelly, LLP, Buffalo (Jessica J. Burgasser of Counsel), for Respondent-Respondent.

 Petitioners appeal from an order denying their petition to vacate an arbitration award on the ground that the arbitrator did not act impartially.  “An arbitrator's award may be vacated only upon the grounds specified in CPLR 7511” (Matter of Blamowski [Munson Transp.], 91 N.Y.2d 190, 194, 668 N.Y.S.2d 148, 690 N.E.2d 1254).   Among the grounds for vacating an arbitration award is the partiality of an arbitrator (CPLR 7511[b][1] [ii] ).   Petitioners contend that the arbitrator displayed partiality by keeping the record open so that respondent could submit the supplemental report of a doctor it retained to review the medical records of petitioner Sheree L. Cardeon.   That course of action does not establish “actual bias or the appearance of bias from which a conflict of interest may be inferred” (Matter of City School Dist. of Oswego [Oswego Classroom Teachers Assn.], 100 A.D.2d 13, 17, 473 N.Y.S.2d 284, amended on other grounds 101 A.D.2d 1027, 476 N.Y.S.2d 491).

It is hereby ORDERED that the order so appealed from be and the same hereby is affirmed without costs.

MEMORANDUM: