Matter of Kaufman v Allstate Ins. Co. (2004 NY Slip Op 06121)

Matter of Kaufman v Allstate Ins. Co.

2004 NY Slip Op 06121 [9 AD3d 431]

July 19, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, September 22, 2004

In the Matter of Matthew A. Kaufman et al., Appellants,
v
Allstate Insurance Company, Respondent.

—[*1]In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioners appeal from an order of the Supreme Court, Kings County (Ambrosio, J.), dated March 24, 2003, which denied their petition to vacate the award and granted the respondent's cross petition to confirm the award.

Ordered that the order is affirmed, with costs.

Contrary to the petitioners' contention, the arbitrator's denial of their request for an adjournment did not constitute either an abuse of discretion or misconduct sufficient to warrant vacatur of the award (see CPLR 7511 [b]; Gillis v Toll Land XIII Ltd. Partnership, 309 AD2d 734, 735 [2003], lv denied — NY3d — [June 29, 2004]; Matter of M.T.M. Beverages Corp. v Pepsi Cola Bottling Co. of N.Y., 262 AD2d 414, 415 [1999]; Matter of Trivino v Allcity Ins. Co., 227 AD2d 638 [1996]; see also Harwyn Luggage v Henry Rosenfeld, Inc., 90 AD2d 747, 747-748 [1982], affd 58 NY2d 1063 [1983]).

The petitioners' remaining contention is without merit. S. Miller, J.P., Schmidt, Rivera and Spolzino, JJ., concur.