Opinion
12784 Index No. 655888/18 Case No. 2019-03347
01-05-2021
In the Matter of Paul FRIED, Petitioner–Respondent, v. Michael POLACCO, Respondent–Appellant.
Smith & Schwartzstein LLC, New York (Andrew B. Smith of counsel), for appellant. Terence Christian Scheuer, P.C., Carle Place (Terence C. Scheuer of counsel), for respondent.
Smith & Schwartzstein LLC, New York (Andrew B. Smith of counsel), for appellant.
Terence Christian Scheuer, P.C., Carle Place (Terence C. Scheuer of counsel), for respondent.
Webber, J.P., Singh, Kennedy, Shulman, JJ.
Order, Supreme Court, New York County (Andrew Borrok, J.), entered July 18, 2019, which granted the petition to confirm an arbitral award and denied the cross petition to vacate the award, unanimously affirmed, without costs.
While the transcript of one day of the arbitration hearing is missing from the record on appeal, absent a showing that the error was other than inadvertent or that petitioner was prejudiced by the omission, this is not a ground for dismissing the appeal (see 2001 Real Estate v. Campeau Corp. [U.S.], 148 A.D.2d 315, 538 N.Y.S.2d 531 [1st Dept. 1989] ).
Respondent's challenges to the award are all based on his disagreement with the arbitrator's credibility determinations or weighing of the evidence or application of the relevant legal principles. These are patently insufficient grounds for overturning an arbitral award (see CPLR 7511[b][1] ); Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308–309, 473 N.Y.S.2d 774, 461 N.E.2d 1261 [1984] ; see also Wien & Malkin LLP v. Helmsley–Spear, Inc., 6 N.Y.3d 471, 479–480, 813 N.Y.S.2d 691, 846 N.E.2d 1201 [2006], cert dismissed 548 U.S. 940, 127 S.Ct. 34, 165 L.Ed.2d 1012 [2006] ).