Opinion
February 4, 1993
Appeal from the Supreme Court, New York County (Carol Arber, J.).
Respondent waived its right to contest the arbitrators' authority to determine whether the dispute was arbitrable by actively participating in the arbitration for more than two years rather than promptly seeking a judicial determination of the arbitrability issue once it became clear that petitioner was raising non-arbitrable claims in the arbitration proceeding (Matter of State of New York [Civil Serv. Empls. Assn.], 148 A.D.2d 790). The award was neither irrational nor exceeded the arbitrators' authority. Arbitrators are not bound by principles of substantive law or by rules of evidence and may do justice as they see it (Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308). Nor did respondent meet its heavy burden of showing arbitrator misconduct or partiality by clear and convincing proof (Brewster Excavating Corp. v Chester Woods Assocs., 162 A.D.2d 490). We have reviewed respondent's remaining arguments and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Rosenberger and Kupferman, JJ.