Appeal from an order of the District Court of Suffolk County, Sixth District (Gigi A. Spelman, J.), entered December 16, 2005, deemed (see CPLR 5520 [c]) from a judgment of the same court entered January 12, 2006. The judgment, entered pursuant to the December 16, 2005 order denying defendant's motion to vacate an award made on defendant's default in appearing at arbitration, awarded plaintiff the principal sum of $4,285.

Judgment reversed without costs, order entered December 16, 2005 vacated and defendant's motion to vacate the arbitration award and restore the matter to the arbitration calendar granted on condition that defendant pay into court an amount equal to the total fees payable by the administrative office for the courts to the panel of arbitrators.

After an award was made upon defendant's failure to appear for mandatory arbitration pursuant to 22 NYCRR part 28, defendant moved to vacate the award and to restore the matter to the arbitration calendar. In our view, defendant established good cause for the relief requested pursuant to 22 NYCRR 28.7 (a). It showed that it had misdiaried the date of the arbitration and that there had been no pattern of delay. Defendant also submitted proof tending to demonstrate that the parties had entered into a settlement of plaintiff's claim and that defendant had partially performed thereunder. Moreover, defendant established the existence of arguably meritorious setoffs and/or counterclaims. Accordingly, the judgment is reversed, the December 16, 2005 order is vacated and defendant's motion to vacate the arbitration award and restore the action to the arbitration calendar is granted on condition that defendant pay into court an amount equal to the total fees payable by the administrative office for the courts to the panel of arbitrators as set forth in 22 NYCRR 28.7 (a).

Rudolph, P.J., McCabe and Lippman, JJ., concur. [*2]
Decision Date: January 8, 2007