Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion:

Papers Numbered

Order to show Cause/ Notice of Motion and

Affidavits /Affirmations annexed 1

Answering Affidavits/ Affirmations

Reply Affidavits/ Affirmations

Memoranda of Law

Other

Upon the foregoing cited papers, the Decision/ Order on the claimant's order to show cause is DENIED for the following reason(s):

This case was heard in day court by a volunteer arbitrator on September 10, 2024. An arbitration award was entered finding for the claimant in the amount of $1,500 and awarding $500 on the defendant's counterclaim. Claimant now moves by way of an Order to Show Cause to vacate the arbitration award because the parties did not sign the form consenting to the arbitration.

While the agreement to arbitrate must be in writing, it does not have to be signed as long as there is proof that the parties actually agree to arbitrate. (See God's Battalion of Prayer Pentacostal Church, Inc. v. Miele Assocs., LLP 845 N.E. 2d 1265, 1267 [2006]). At the hearing on the Order to Show Cause, both sides conceded that the sitting Judge explained the arbitration [*2]process to them prior to their agreement to participate. Claimant further admitted she returned to the courtroom to receive additional clarification on the process after receiving the initial explanation. Both parties admitted they voluntarily participated in the arbitration process. The court record indicates both parties were sworn in at the arbitration hearing. Claimant testified under oath that she had a full opportunity to present her evidence, the testimony of her two witnesses and to confront the defendant.

Despite these admissions, claimant incredibly purports she was never advised that she could not appeal an arbitration decision. Defendant vehemently disagreed with this assertion at the hearing, stating the arbitration process, including the lack of an ability to appeal, was explained in clear and plain language to both parties prior to participating in arbitration. The court notes, the claimant came to court ready to present her case on four separate occasions. The defendant credibly testified that when the judge indicated he may not reach their case that day, the parties chose to have the case heard by the arbiter. Following her receipt of the arbitrator's decision, the claimant came to review the court file and to file an appeal. The claimant stated the arbitrator did not review portions of the evidence she presented. Here, the court finds there is no basis to set aside the arbiters award. No credible allegations were made that the rights of the claimant were prejudiced by submitting to arbitration, that the arbitrator's decision violated public policy or was irrational (See In re Windsor Metal Fabrication, Ltd. v. York Hunter Constr., Inc., 273 AD2d 318 [2d Dept 2000]). The parties agreed to engage in the process, took advantage of the process by presenting witnesses and evidence, and did not object to the process. Taking into consideration the factors previously discussed, the court finds that the ministerial error in failing to have the parties sign the consent form is not a sufficient basis to vacate the award.

ORDERED the motion to vacate the arbitration decision is DENIED.

ORDERED the arbitration award is confirmed. Judgment is entered for claimant in the amount of $1,000. The court is taking into consideration the awarded amount of $1,500 for claimant and $500 for defendant on his counterclaim as an offset to the amount awarded. This constitutes the decision and order of the court.