Opinion
2002-10232.
Decided March 29, 2004.
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioners appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated August 26, 2002, which denied the petition and dismissed the proceeding.
O'Brien, McLaughlin Kenny, Lynbrook, N.Y. (Robert P. O'Brien of counsel), for appellants.
Kaplan, Winkler, Buratti, Vitali Girolamo, White Plains, N.Y. (Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. [Jonathan A. Dachs] of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The petitioners sought to vacate an arbitrator's award denying them uninsured motorist benefits on the grounds that the arbitrator was not impartial and that his determination was irrational. However, the petitioners waived their right to object to the determination on the ground of partiality by participating in the arbitration without objection after observing the conduct they believed revealed such partiality ( see Matter of Goldfinger v. Lisker, 68 N.Y.2d 225; Matter of Stevens Co. [Rytex Corp.], 34 N.Y.2d 123; Matter of Kornit [Plainview-Old Bethpage Cent. School Dist.], 49 N.Y.2d 842; Matter of City School Dist. of Oswego, 100 A.D.2d 13). Further, the determination was not irrational ( see Matter of Squire v. Henschel, 2 A.D.3d 737; Matter of Rockland County Bd. of Coop. Educ. Servs. v. BOCES Staff Assn., 308 A.D.2d 452; Matter of Salco Constr. Co. v. Lasberg Constr. Assocs., 249 A.D.2d 309).
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.