Opinion
2300N.
November 25, 2003.
Order, Supreme Court, New York County (Herman Cahn, J.), entered November 12, 2002, which denied petitioner's application to vacate an arbitration award dismissing his claim, unanimously affirmed, without costs.
Steven C. Cunningham, for Petitioner-Appellant.
Timothy Feil, for Respondents-Respondents.
Before: Nardelli, J.P., Andrias, Rosenberger, Friedman, JJ.
Pursuant to Rule 10314(b)(2)(C) of the NASD Dispute Resolution Code of Arbitration Procedure, it was within the arbitrator's discretion to deny petitioner's motion to preclude respondents' answer for untimely service. Aside from the grounds specified in CPLR 7511(b), courts may vacate an arbitration award only if it violates a strong public policy, is totally irrational, or exceeds a specifically enumerated limitation upon the arbitral authority (Matter of Bd. of Educ. of Dover Union Free School Dist. v. Dover-Wingdale Teachers' Assn., 61 N.Y.2d 913). None of those situations is presented herein. We have considered and rejected the parties' remaining contentions for affirmative relief.