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MATTER OF MOHIUDDIN v. KHAN

197 A.D.2d 578 (1993)

602 N.Y.S.2d 664

In the Matter of Sultan Mohiuddin, Respondent, v. Rashid J. Khan, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 12, 1993

Ordered that the judgment and the order are affirmed, with one bill of costs.

It is well settled that a party seeking to vacate an arbitrator's award must meet a heavy burden, "`for once the issue is properly before the arbitrator, questions of law and fact are merged in the award and are not within the power of the judiciary to resolve'" (North Syracuse Cent. School Dist. v North Syracuse Educ. Assn., 45 N.Y.2d 195, 200...

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