Matter of 2400 E. 3rd Owners Corp. v Local No. 670, RWDSU, UFCW, AFL-CIO, CLC (2007 NY Slip Op 01309)

Matter of 2400 E. 3rd Owners Corp. v Local No. 670, RWDSU, UFCW, AFL-CIO, CLC

2007 NY Slip Op 01309 [37 AD3d 612]

February 13, 2007

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 11, 2007

In the Matter of 2400 East 3rd Owners Corporation, Appellant,
v
Local No. 670, RWDSU, UFCW, AFL-CIO, CLC, Respondent.

—[*1] Milman & Heidecker, Lake Success, N.Y. (Perry S. Heidecker, Matthew J. Mehnert, and Jamie S. Felsen of counsel), for appellant.

Richard M. Greenspan, P.C., Elmsford, N.Y. (Julie Pearlman Schatz of counsel), for respondent.

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from an order of the Supreme Court, Kings County (Johnson, J.), dated April 11, 2006, which denied the petition.

Ordered that the order is affirmed, with costs.

The petitioner was "duly notified to appear" at the September 19, 2005, hearing, and, notwithstanding its failure to appear at that hearing, the arbitrator was empowered to "hear and determine the controversy upon the evidence produced" (CPLR 7506 [c]). Further, none of the grounds for vacating an arbitration award apply herein (see CPLR 7511 [b] [1]). Accordingly, the Supreme Court properly denied the petition. Rivera, J.P., Santucci, Skelos and McCarthy, JJ., concur.