Opinion
1872
October 16, 2003.
Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about May 21, 2002, which denied petitioner's application to vacate an arbitration award dismissing petitioner's uninsured motorist claim and for a hearing before a newly appointed arbitrator, unanimously affirmed, without costs.
Raymond Schwartzberg, for petitioner-appellant.
Carol M. Wickham, for respondent-respondent.
Before: Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ.
In the absence of any showing that the arbitrator exceeded his powers or engaged in any misconduct, the court properly declined to vacate the arbitration award (CPLR 7511[b]), which is both rational and amply supported by the record (see Motor Veh. Acc. Indem. Corp. v. Aetna Cas. Sur. Co., 89 N.Y.2d 214, 223). Petitioner neglected to comply with court-ordered discovery by failing to submit to a physical examination and to provide respondent with documents and authorizations in a timely fashion. He also failed to comply with American Arbitration Association Rule 19, requiring transmittal of all documents to the arbitrator and the responding party at least 15 calendar days prior to the hearing. Thus, the court's award is supported by the evidence, not arbitrary and capricious and not in excess of the arbitrator's powers (see Caso v. Coffey, 41 N.Y.2d 153, 158; Mount St. Mary's Hosp. v. Catherwood, 26 N.Y.2d 493, 508). Finally, the arbitrator did not improvidently exercise his discretion by declining to adjourn the proceedings since petitioner had repeatedly received the benefit of adjournments (see Kool Air Sys. v. Syosset Institutional Bldrs., 22 A.D.2d 672).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.