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MATTER OF TRIVINO v. ALLCITY INS. CO.

227 A.D.2d 638 (1996)

643 N.Y.S.2d 394

In the Matter of Ernesto Trivino et al., Respondents, v. Allcity Insurance Company, Appellant

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

May 28, 1996

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the cross motion is granted, and the arbitration award is confirmed.

The decision to grant or deny an adjournment is within the sound discretion of the arbitrator and it is only when that discretion is abused that misconduct results (see, Matter of Omega Contr. v Maropakis Contr., 160 A.D.2d 942). Contrary to the petitioners' contention...

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