Opinion
570826/09.
Decided March 11, 2010.
Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), dated October 26, 2009, which denied his motion to vacate an arbitrator's award in favor of defendant.
Order (Peter H. Moulton, J.), dated October 26, 2009, affirmed, without costs.
PRESENT: McKEON, P.J., SHULMAN, HUNTER, JJ.
Plaintiff's motion to vacate the small claims arbitration award was properly denied on this record, which shows that plaintiff signed an arbitration consent form in which he agreed that the award was final and expressly waived his right to appeal ( 22 NYCRR 208.41[n][2]). Therefore, to the extent plaintiff sought review of the merits of the arbitrator's award, his vacatur motion was properly denied. Moreover, plaintiff failed to demonstrate that the award was the result of bias or prejudice on the part of the arbitrator.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.