Matter of Retina Assoc. of L.I., P.C. v Rosberger (2007 NY Slip Op 09035)

Matter of Retina Assoc. of L.I., P.C. v Rosberger

2007 NY Slip Op 09035 [45 AD3d 690]

November 13, 2007

Appellate Division, Second Department

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

As corrected through Wednesday, January 16, 2008

In the Matter of Retina Associates of L.I., P.C., Appellant,
v
Daniel Rosberger, Respondent, et al., Respondents.

—[*1] Llorca & Hahn, LLP, New York, N.Y. (Richard E. Hahn of counsel), for appellant.

Garfunkel, Wild & Travis, P.C., Great Neck, N.Y. (Roy W. Breitenbach and Marianne Monroy of counsel), for respondent-respondent.

In a proceeding pursuant to CPLR article 75, inter alia, to stay arbitration, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Mahon, J.) dated August 8, 2006, which, upon an order of the same court dated June 2, 2006, upon renewal, denying its motion to vacate an arbitration award in favor of the respondent Daniel Rosberger, and granting that respondent's cross motion to confirm the arbitration award, confirmed the arbitration award.

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the appellant failed to establish that there is any basis to vacate the arbitration award. Specifically, we are not persuaded that the arbitrator exhibited bias or the appearance of bias, had a conflict of interest, committed misconduct, or exceeded his power (see CPLR 7511 [b]). Lifson, J.P., Covello, Angiolillo and McCarthy, JJ., concur.