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Roy M. Rieser v. Regina Mcneish

SUPREME COURT OF THE STATE OF NEW YORK


March 17, 2011

ROY M. RIESER,
RESPONDENT,
v.
REGINA MCNEISH,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Joseph Esposito, J.), dated December 16, 2009.

Rieser v McNeish

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 17, 2011

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ.

The order denied defendant's motion to vacate a judgment entered against her and, upon such vacatur, to vacate or modify the underlying arbitration award.

ORDERED that the order is affirmed, without costs.

Plaintiff brought this small claims action against defendant, a Jet Blue Airways ("Jet Blue") employee, to recover the sum of $1,000 for her alleged breach of an oral agreement that allowed plaintiff to use defendant's Jet Blue Buddy Pass." The parties agreed to submit the matter to arbitration. After the hearing, the arbitrator found in favor of plaintiff in the amount of $265. A judgment was subsequently entered confirming the arbitrator's award. Thereafter, defendant moved to vacate the judgment and, upon such vacatur, to vacate or modify the underlying arbitration award. Defendant appeals from the order denying her motion.

As far as can be ascertained from the existing record, any purported errors by the arbitrator do not constitute grounds for vacatur (see CPLR 7511 [b] [1]). The record fails to support defendant's allegations that the small claims arbitrator was not impartial (CPLR 7511 [b] [1] [ii]) or that he exceeded or imperfectly exercised his power (CPLR 7511 [b] [1] [iii]). Similarly, defendant failed to allege any error that would satisfy the criteria for modifying the award pursuant to CPLR 7511 (c) (see Matter of WBP Cent. Assoc., LLC v Deco Constr. Corp., 44 AD3d 781 [2007]; Davis Alarms, Inc. v Diamond Cutters, Inc., 25 Misc 3d 130[A], 2009 NY Slip Op 52120[U] *1 [App Term, 2d, 11th & 13th Jud Dists 2009]).

Accordingly, the order is affirmed.

Pesce, P.J., Weston and Steinhardt, JJ., concur.

Decision Date: March 17, 2011

20110317

© 1992-2011 VersusLaw Inc.



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