Opinion
December 23, 1997
Appeal from Supreme Court, New York County (Elliott Wilk, J.).
The record herein does not come near to satisfying the "clear and convincing proof" standard governing an allegation of an arbitrator's actual bias ( see, Matter of Infosafe Sys. [International Dev. Partners], 228 A.D.2d 272). A colorful comment by the arbitrator, with respect to the credibility of claimant's principal, does not demonstrate bias or misconduct ( see, Ballantine Books v. Capital Distrib. Co., 302 F.2d 17, 21; Matter of Schenectady Police Benevolent Assn. [City of Schenectady], 224 A.D.2d 908, 909, lv denied 88 N.Y.2d 806). We also find that the arbitrator correctly applied the terms of section 13 (a) of the agreement to this nonrenewal of claimant's franchise, and not section 12, which governs termination prior to the expiration date.
We have considered claimant's remaining contentions and find them to be without merit.
Concur — Ellerin, J. P., Nardelli, Williams, Andrias and Colabella, JJ.