Opinion
Submitted May 2, 2000.
June 12, 2000.
In a proceeding pursuant to CPLR article 75 to confirm an arbitration award, the appeal is from a judgment of the Supreme Court, Rockland County (Murphy, J.), dated August 19, 1999, which, upon an order of the same court dated August 10, 1999, confirming the arbitration award, is in favor of the petitioner and against York Hunter Construction, Inc., in the principal sum of $92,408.
Bauman Katz Grill, LLP, New York, N.Y. (Daniel E. Katz of counsel), for appellant.
Sol Kodsi, New York, N.Y., for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the notice of appeal from the order is deemed a premature notice of appeal from the judgment (see, CPLR 5520[c]); and it is further,
ORDERED that the judgment is affirmed; and it is further,
ORDERED that the petitioner is awarded one bill of costs.
An arbitration award will not be vacated even if the arbitrator misconstrues or disregards the plain meaning of the parties' contract or misapplies substantive law, unless the award is totally irrational or violative of a strong public policy (see, Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308; Matter of Exercycle Corp. [Maratta], 9 N.Y.2d 329, 336-337; Matter of Kaplan v. Werlin, 215 A.D.2d 388, 390). Here, there is no claim that the arbitrator's award violated public policy and the appellant failed to demonstrate that the award was irrational. Consequently, the Supreme Court properly granted the petition to confirm the award.