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MATTER OF OTTLEY

79 A.D.2d 964 (1981)

In the Matter of the Arbitration between Peter Ottley, as President of Local 144, Hotel, Hospital, Nursing Home and Allied Health Services Union, SEIU, AFL-CIO, Appellant, and Morris Mostoff et al., Doing Business as Dover Nursing Home, Respondents

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

January 29, 1981

Unanimously reversed, on the law and on the facts, application to confirm granted and cross motion to disaffirm denied, without costs.

Generally it is within the sound discretion of an arbitrator to grant or refuse an adjournment. An arbitrator commits misconduct when he abuses that discretion (Matter of Kool Air Systems [Syosset Institutional Bldrs.], 22 A.D.2d 672; CPLR 7511, subd [b], par 1, cl [i]). The party challenging...

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