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MATTER OF 2400 EAST 3RD OWNERS CORPORATION v. LOCAL NO. 670

37 A.D.3d 612 (2007)

828 N.Y.S.2d 821

In the Matter of 2400 EAST 3RD OWNERS CORPORATION, Appellant, v. LOCAL NO. 670, RWDSU, UFCW, AFL-CIO, CLC, Respondent.

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

Decided February 13, 2007.

Ordered that the order is affirmed, with costs.

The petitioner was "duly notified to appear" at the September 19, 2005, hearing, and, notwithstanding its failure to appear at that hearing, the arbitrator was empowered to "hear and determine the controversy upon the evidence produced" (CPLR 7506 [c]). Further, none of the grounds for vacating an arbitration award apply herein (see CPLR 7511 [b] [1]). Accordingly, the...

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