[*1]
Lapointe v Mendoza
2019 NY Slip Op 50830(U) [63 Misc 3d 157(A)]
Decided on May 24, 2019
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 24, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2017-850 K C

Samy Lapointe, Respondent,

against

Severiano Mendoza, Appellant.


Severiano Mendoza, appellant pro se. Samy Lapointe, respondent pro se (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Joy F. Campanelli, J.), entered April 26, 2017. The order denied defendant's motion to vacate an arbitrator's award and, in effect, a judgment of that court entered October 16, 2017 pursuant to the arbitrator's award.

ORDERED that the order is affirmed, without costs.

Plaintiff commenced this small claims action to recover $5,000 for loss of employment. The parties agreed to submit the matter to arbitration and signed a "consent to arbitration," advising them that the arbitration award was final and that no appeal would be permitted. Following the arbitration hearing, the arbitrator awarded plaintiff $5,000. Defendant subsequently moved to vacate the arbitrator's award. On October 16, 2017, a judgment was entered pursuant to the arbitrator's award (see Uniform Rules for NY City Civ Ct [22 NYCRR] § 208.41 [n] [5]). Defendant appeals from an order of the Civil Court denying his motion to vacate the arbitrator's award and, in effect, the judgment entered pursuant thereto.

A party seeking to vacate a small claims arbitration award, and a judgment entered pursuant thereto, bears the burden of establishing, by clear and convincing evidence, one of the [*2]statutory grounds enumerated in CPLR 7511 (b) (see e.g. Matter of Arab v ATC Jewelers, Inc., 45 AD3d 588 [2007]; May v Scotto-D'Abusco, 31 Misc 3d 148[A], 2011 NY Slip Op 50987[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011]). Here, defendant failed to establish any ground under CPLR 7511 (b) warranting the vacatur of the award.

We note that this court does not consider documents attached to defendant's brief on appeal, as they are dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).

Accordingly, the order is affirmed.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.



ENTER:


Paul Kenny


Chief Clerk


Decision Date: May 24, 2019