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MATTER OF DECICCO

32 A.D.2d 541 (1969)

In the Matter of the Arbitration between S. Dick Decicco, Doing Business as Westchester Amusement Company, Appellant, and Frank Viviano, Doing Business as Dunwoodie Golf Course Restaurant, Respondent

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

April 14, 1969

Order and judgment affirmed, with one bill of $20 costs and disbursements.

We find no merit in petitioner's argument that the arbitrator exceeded his power and failed to follow the procedure of CPLR article 75, within the meaning of CPLR 7511 (subd. [b], par. 1, cls. [iii], [iv]), by receiving in evidence testimony concerning alleged changes and modifications in the contract between the parties, after respondent's motion to stay arbitration had been denied by the...

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