Opinion
1341N
June 5, 2003.
Order and judgment (one paper), Supreme Court, New York County (Rosalyn Richter, J.), entered November 26, 2002, which denied petitioners' application to vacate an arbitration award denying their claim against respondents and dismissed the petition, unanimously affirmed, with costs.
Stuart L. Melnick, for petitioners-appellants.
Michael Schwartzberg Fred N. Knopf, for respondents-respondents.
Before: Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ.
The arbitrators' refusal to permit petitioners to amend their claim was not an abuse of discretion amounting to misconduct within the meaning of CPLR 7511(b)(1)(i) where petitioners discovered the new claim well before the stipulated deadline for making pre-hearing motions but did not seek such permission until after the deadline (cf. Matter of Banas v. Leumi Sec. Corp., 194 A.D.2d 390).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.