| Gallet, Dreyer & Berkey, LLP v Carol |
| 2012 NY Slip Op 50845(U) [35 Misc 3d 138(A)] |
| Decided on May 10, 2012 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondent Viola Carol appeals from an order of the Civil Court of the City of New York,
New York County (Andrea Masley, J.), entered August 31, 2011, which granted the petition to
confirm an arbitration award and awarded petitioner the principal sum of $5,288.39.
Per Curiam.
Order (Andrea Masley, J.), entered August 31, 2011, deemed an appeal from the ensuing judgment (same court and Judge), entered October 12, 2011, and so considered (see CPLR 5520[c]), judgment affirmed, without costs.
The arbitration award in favor of petitioner became "final and binding" (22 NYCRR 137.8[a]) and is beyond our review power, given appellant's demonstrated failure to timely seek de novo review of the merits of the underlying fee dispute (see Pruzan v Levine, 18 Misc 3d 70 [2007]). Nor did appellant demonstrate that the award resulted from acts in excess of the arbitrator's power or any other ground to vacate the award under CPLR 7511(b)(1).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 10, 2012