Appeal from an order of the Civil Court of the City of New York, Queens County (Timothy J. Dufficy, J.), entered January 7, 2005. The order granted the motion by defendant Calvin Coates to vacate an arbitrator's award as against him.

Order unanimously reversed without costs and motion by defendant Calvin Coates to vacate the arbitrator's award as against him denied.

In the instant commercial claims action, the parties agreed to submit the matter for arbitration. Thereafter, defendant Calvin Coates moved to vacate the arbitration award and alleged misconduct on the part of the arbitrator (CPLR 7511 [b] [1] [i]).

It is well settled that an arbitrator's award may be vacated upon a showing of misconduct by clear and convincing proof (see CPLR 7511 [b] [1] [i]; J.J.K. Constr. v Rosenberg, 141 AD2d 507 [1988]; Matter of Wiener Furniture Co. [Kingston City Schools Cons.], 90 AD2d 875 [*2][1982]). However, since Calvin Coates' moving papers only made conclusory allegations of misconduct and failed to establish misconduct by clear and convincing proof, he failed to establish any ground under CPLR 7511 (b) warranting vacatur of the arbitrator's award. We note that arbitration awards will not be vacated for errors of law or fact committed by the arbitrator (see Matter of Sprinzen [Nomberg], 46 NY2d 623 [1979]). In view of the foregoing, the motion should have been denied.
Decision Date: January 05, 2006