Opinion
February 4, 1985
Appeal from the Supreme Court, Rockland County (Kelly, J.).
Judgment affirmed, insofar as appealed from, with costs.
It is within the court's discretion to remit an arbitration matter to the same or a different arbitrator ( Matter of Murray Oil Prods. Co. [ Eagle Paint Varnish Works], 243 App. Div. 548; In re E.A. Labs., 50 N.Y.S.2d 222). The nature of the matters challenged is a factor the courts are guided by in their exercise of discretion, and ordinarily a remittal for a purely technical defect will be to the original arbitrator ( see, 8 Weinstein-Korn-Miller, N Y Civ Prac ¶ 7511.30). However, the proceeding herein involves challenges to the arbitrator's powers and the legality of his decision. Under the circumstances, therefore, it was not an abuse of discretion to remit the matter to a different arbitrator ( Rosen Trust v Rosen, 53 A.D.2d 342, 366, affd 43 N.Y.2d 693). Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.