Opinion
2001-09344
Argued November 22, 2002.
January 21, 2003.
In a proceeding pursuant to CPLR 7510 to confirm an arbitration award, Sari M. Friedman appeals from a judgment of the Supreme Court, Nassau County (Davis, J.), entered November 12, 2001, which, inter alia, confirmed an arbitrator's award. The notice of appeal from an order of the same court, dated October 12, 2001, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]).
Sari M. Friedman, P.C., Garden City, N.Y. (Mace H. Greenfield of counsel), for appellant.
Stuart R. Berg, P.C., Garden City, N.Y., for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that on the court's own motion, Leonard Carinci, the Preliminary Executor of the Estate of Peggy Carinci, a/k/a Peggy Gazawi-Carinci, is substituted as the respondent in the place and stead of the deceased Peggy Gazawi; and it is further,
ORDERED that the judgment is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the respondent.
Contrary to the appellant's contention, the arbitration award was properly confirmed, as there was no evidence that it was affected by any of the factors listed under CPLR 7511 (see Matter of Silverman [Benmor Coats], 61 N.Y.2d 299; Matter of Burns v. Goldsweig, 242 A.D.2d 715). Moreover, the award had a rational basis and was supported by the record (see Matter of Motor Veh. Acc. Indem. Corp. v. Aetna Cas. Sur. Co., 89 N.Y.2d 214, 223).
The appellant's remaining contentions are without merit.
KRAUSMAN, J.P., McGINITY, SCHMIDT and MASTRO, JJ., concur.