Judgment reversed insofar as appealed from, on the law, with $50 costs and disbursements, application granted and award confirmed.
Special Term reported that "the County of Suffolk has failed to establish by a fair preponderance of the credible evidence that the arbitrator made the statement attributed to him." We agree. Accordingly, the award must be confirmed since, upon the rendering thereof, the arbitrator no longer had the power to reopen the arbitration to hear...
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