Opinion
November 16, 1993
Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).
The IAS Court properly determined that there was no showing by clear and convincing evidence of misconduct in the appointment of the "securities panel" arbitrator (see, Matter of Dember Constr. Corp. [New York Univ.], 190 A.D.2d 537). New York Stock Exchange Guidelines for Classification of Arbitrators provide that "[i]ndividuals who have spent a substantial part of their business careers in the securities industry shall always be classified as industry arbitrators". The record indicates that the appointment of the arbitrator as an industry representative complied with this guideline because he had substantial employment experience as, among other things, a securities broker, a supervisor of trading in securities, and a manager of the investment portfolio of the U.S. Postal Service. Moreover, we note that petitioners never challenged the arbitrator's qualifications when the brief profile of his industry experience was provided.
Concur — Sullivan, J.P., Ross, Kassal, Rubin and Nardelli, JJ.