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MATTER OF WISNER PROF'L BLDG., INC. v. ZITONE CONSTR. & SUPPLY CO., INC.

224 A.D.2d 538 (1996)

638 N.Y.S.2d 347

In the Matter of Wisner Professional Building, Inc., et al., Appellants, v. Zitone Construction & Supply Co., Inc., Respondent

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

February 13, 1996

Ordered that the order and judgment is affirmed, with costs.

In order to establish entitlement to vacatur of an arbitrator's award pursuant to CPLR 7511 (b) (ii), the petitioners were required to present evidentiary proof of actual bias or the "appearance of bias" on the part of the arbitrator (see, Kornit v Plainview-Old Bethpage Cent. School Dist., 49 N.Y.2d 842). The petitioners have failed to satisfy this standard...

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