Opinion
1245
May 27, 2003.
Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered March 7, 2002, which, inter alia, granted the petition to confirm the arbitration award dated December 8, 1994, unanimously affirmed, with costs.
Ira A. Sturm, for petitioner-respondent.
John G. McCarthy, for respondents-appellants.
Before: Buckley, P.J., Tom, Ellerin, Lerner, Friedman, JJ.
Appellants do not in their main brief challenge the arbitrator's jurisdiction or the correctness of the award. Instead, they challenge Supreme Court's jurisdiction to confirm the award. That challenge is based on arguments previously rejected by this Court (see Matter of Bevona v. Lipton, 278 A.D.2d 104, reargument denied 278 A.D.2d 104, 2001 N.Y. App. Div LEXIS 2520), and we perceive no reason to resolve those arguments differently now (see Heffernan v. Marine Midland Bank, N.A., 283 A.D.2d 337).
We decline to consider the challenge to the arbitrator's jurisdiction raised in appellant's reply brief. Were we to consider it, however, we would find it to be without merit (see 31 W. 47thSt. Co. v. Bevona, 215 A.D.2d 152; and see Bevona v. Roxanne Mgt., 280 A.D.2d 254). Inasmuch as there is no contention that the award was totally irrational or violative of a strong public policy and there is no evidence supporting vacatur of the award upon any of the grounds enumerated in CPLR 7511, the award was properly confirmed (see Matter of Town of Callicoon [Civil Serv. Empls. Assn.], 70 N.Y.2d 907, 909).
We have considered appellant's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.