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MATTER OF KLEIN v. PEREIRA

2014-08232, Index No. 8007/09.

140 A.D.3d 958 (2016)

34 N.Y.S.3d 119

2016 NY Slip Op 04714

In the Matter of ABRAHAM KLEIN, Respondent, v. JOHN S. PEREIRA, as Bankruptcy Trustee for the Bankruptcy Estate of CHRISTINE PERSAUD, Appellant.

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

Decided June 15, 2016.

Ordered that the order is affirmed, with costs.

Pursuant to CPLR 7511 (b) (1) (iii), an arbitration award may be vacated where the arbitrator "exceeded his [or her] power." However, a party seeking to overturn an arbitration award on this basis bears a heavy burden, and must establish entitlement to vacatur of the award by clear and convincing evidence (see Matter of Quality Bldg. Constr., LLC v Jagiello Constr. Corp., 125 A.D.3d 973

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