Opinion
Argued October 18, 2001.
November 5, 2001.
In a proceeding pursuant to CPLR article 75 to confirm an arbitration award, Peconic Bay Golf, LLC, appeals from a judgment of the Supreme Court, Suffolk County (Gowan, J.), entered January 12, 2001, which confirmed the arbitration award dated July 7, 2000.
Brancato, Brancato Brancato, Garden City, N.Y. (Joseph A. Brancato, Jr., of counsel), for appellant.
John N. Fath, P.C., Patchogue, N.Y. (David C. Weisberg of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed, with costs.
The appellant contends that the arbitration award must be vacated because it was not issued within the time specified in the parties' contract. We disagree. CPLR 7507 contains no provision that a late arbitration award is rendered unenforceable once a written objection is timely made. To vacate the arbitration award on the ground that the arbitrator failed to adhere to the parties' contractual time limitation, the appellant was required to demonstrate that it suffered prejudice as a result of the delay (see, CPLR 7511[b][1]; Matter of Jones v. Progressive Cas. Ins. Co., 237 A.D.2d 358; Matter of Security Unit Empls. v. State of New York, 236 A.D.2d 546; Matter of Bermudez v. New York City Tr. Auth., 186 A.D.2d 738; Matter of Akers v. New York City Tr. Auth., 172 A.D.2d 749, 751; Matter of Rockland Community Coll. Fedn. of Teachers, Local 1871, AFT, AFL-CIO v. Board of Trustees of Rockland Community Coll., 142 A.D.2d 732, 732-733). The appellant's conclusory assertion of prejudice is insufficient to warrant vacatur of the arbitration award.
The appellant's remaining contentions are without merit.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and CRANE, JJ., concur.