The award was properly vacated pursuant to CPLR 7511 (b) (2) (ii) since respondent was not bound by an arbitration clause or designation of an agent for service of process contained in an agreement that was not signed by him, or anyone else other than petitioner, and did not even mention his name. Nor did respondent participate in the arbitration hearing when an attorney appeared on his behalf and did nothing more than request an adjournment (see, Matter of Fair...
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