Opinion
May 30, 1989
Appeal from the Supreme Court, Queens County (Kassoff, J.).
Ordered that the judgment is affirmed, with costs.
While an aggrieved party has only 90 days within which to move to vacate or modify an arbitration award (CPLR 7511 [a]), such a party may elect not to make a motion and, instead, raise the objection when the successful claimant moves to confirm the award (State Farm Mut. Auto. Ins. Co. v Fireman's Fund Ins. Co., 121 A.D.2d 529; Matter of Katz [Uvegi], 18 Misc.2d 576, 583, affd 11 A.D.2d 773). A party participating in the arbitration proceeding, however, may oppose the application to confirm the award only upon the grounds enumerated for vacating or modifying arbitration awards (CPLR 7511 [b], [c]; see, Home Ins. Co. v Country-Wide Ins. Co., 134 A.D.2d 570, 571; Materia v Josephthal Co., 133 A.D.2d 146; 8 Weinstein-Korn-Miller, N Y Civ Prac ¶ 7510.09). Inasmuch as the effect, if any, to be attributed to an earlier arbitration award in subsequent arbitration proceedings is a matter for the arbitrator's determination (see, Matter of City School Dist. v Tonawanda Educ. Assn., 63 N.Y.2d 846; Board of Educ. v Patchogue-Medford Congress of Teachers, 48 N.Y.2d 812) and, in view of the fact that the doctrine of res judicata is not included as one of the grounds set forth in CPLR 7511 upon which the court may vacate or modify an arbitration award (see, Matter of City School Dist. v Tonawanda Educ. Assn., supra), the Supreme Court properly granted the petition.
We have reviewed the appellant's remaining contentions and find them to be without merit. Bracken, J.P., Eiber, Spatt and Rosenblatt, JJ., concur.