Opinion
June 10, 1993
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
It is within the sound discretion of the arbitrators to grant or refuse an adjournment (Matter of Kool Air Sys. [Syosset Institutional Bldrs.], 22 A.D.2d 672), and the party seeking to avoid the award has the burden of establishing by clear and convincing proof that the arbitrators abused that discretion and that their decision amounts to misconduct (Matter of Herskovitz [Kaye Assocs.], 170 A.D.2d 272). In this case, petitioner set forth no evidence, either before the arbitrators or in the subsequent judicial proceeding, with respect to why the three week adjournment already granted was not adequate. Accordingly, the IAS Court properly confirmed the arbitration award (see, Matter of Herskovitz [Kaye Assocs.], supra; Doris Trading Corp. v Melody Knitting Mills, 172 A.D.2d 399).
Concur — Sullivan, J.P., Milonas, Ellerin and Asch, JJ.