Opinion
Submitted April 28, 1999
June 7, 1999
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from a judgment of the Supreme Court, Queens County (Thomas, J.), dated June 2, 1998, which, inter alia, denied the petition and granted the respondent's cross application to confirm the arbitration award.
Certilman, Balin, Adler Hyman, LLP, East Meadow, N Y (Jaspreet S. Mayall of counsel), for appellant.
Stanley Israel, Long Island City, N.Y., for respondent.
SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
It is well settled that the decision of "[w]hether to grant or refuse an adjournment is generally within the discretion of the arbitrator, and it is only if that discretion is abused that misconduct results" ( Harwyn Luggage v. Henry Rosenfeld, Inc., 90 A.D.2d 747, 747-748, affd 58 N.Y.2d 1063). Under the circumstances of this case, we conclude that the arbitrator's denial of the petitioner's request for a further adjournment did not constitute either an abuse of discretion or misconduct sufficient to warrant vacatur of the award ( see, Matter of Banas [Leumi Sec. Corp.], 194 A.D.2d 390; Shearson Lehman Hutton v. Meyer, 174 A.D.2d 496). The request for an additional adjournment was not supported by the requisite showing ( see, Harwyn Luggage v. Henry Rosenfeld, Inc., supra; Doris Trading Corp. v. Melody Knitting Mills, 172 A.D.2d 399), nor does the record indicate that the denial of the request foreclosed the petitioner's opportunity to present relevant evidence ( see, Matter of Trivino v. Allcity Ins. Co., 227 A.D.2d 638; cf., Olan v. Allstate Ins. Co., 212 A.D.2d 362; Matter of Omega Contr. v. Maropakis Contr., 160 A.D.2d 942).
The petitioner's remaining contention is without merit.