Opinion
March 13, 1998
Appeal from the Supreme Court, Onondaga County, Tormey, III, J. — Arbitration.)
Present — Green, J. P., Pine, Lawton, Hayes and Wisner, JJ.
Order and judgment unanimously affirmed without costs. Memorandum: By failing to apply for a stay of arbitration and by participating in the arbitration, petitioner waived its contention that the claim is not arbitrable (see, Rochester City School Dist. v. Rochester Teachers Assn., 41 N.Y.2d 578, 583; Matter of Liberty Mut. Ins. Co. [Allstate Ins. Co.], 234 A.D.2d 901; Matter of Arner v. Liberty Mut. Ins. Co., 233 A.D.2d 321). Petitioner therefore may not seek to vacate the arbitration award on the ground that the arbitrator exceeded her powers because she lacked the power to resolve the question submitted (see, Rochester City School Dist. v. Rochester Teachers Assn., supra, at 583). We reject petitioner's further contention that the arbitrator otherwise exceeded her authority or that the award was contrary to public policy.