Opinion
2006-1515 RI C.
Decided January 11, 2008.
Appeal from an order of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), dated July 17, 2006, deemed from the judgment entered on July 17, 2006 (CPLR 5520 [c]). The judgment denied "without prejudice," the petition to confirm an arbitration award.
Judgment reversed without costs, petition to confirm an arbitration award granted, and matter remanded to the court below for entry of a judgment confirming the award.
PRESENT: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.
Petitioner, MBNA America Bank, N.A., commenced the instant proceeding to confirm an arbitration award rendered in its favor and for entry of a judgment thereon
( see CPLR 7501, 7510, 7514). Although respondent defaulted both at the arbitration (conducted by the National Arbitration Forum) and in the proceeding below, the court denied the petition, "without prejudice," upon petitioner's failure to establish the arbitration's venue, whether a copy of the arbitration award, signed by the arbitrator, was served on the respondent and whether the parties "attended" the arbitration.
The court erred in requiring petitioner to establish the arbitration's venue and whether the parties "attended" the arbitration. The arbitration award indicated that the matter "proceeded in accord with the applicable Forum Code of Procedure." Generally, questions as to whether there has been compliance with procedural stipulations to be observed in the conduct of the arbitration proceeding itself, i.e., "conditions in arbitration,. . . . are for resolution by the arbitrator as incidental to the conduct of the arbitration proceeding" ( Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1, 8). Therefore, questions regarding venue and the parties' attendance at the arbitration in compliance with National Arbitration Forum's Code of Procedure are "not subject to review" by the court ( Matter of Kingsley v Redevco Corp., 61 NY2d 714, 715 ; Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d at 8; Matter of United Nations Dev. Corp. v Norkin Plumbing Co., 45 NY2d 358, 363-365).
The court below also erred in requiring that petitioner submit an affidavit of service to show that the arbitration award had been properly served upon respondent. The arbitration award bears the certification that the award has been duly delivered to the parties in accordance with the terms of the arbitration agreement, which suffices to establish such delivery under CPLR 7507 ( Matter of MBNA Am. Bank, N.A. v Cividanes, 15 Misc 3d 142 [A], 2007 NY Slip Op 51078[U] [App Term, 2d 11th Jud Dists 2007]).
Accordingly, on this unopposed motion to confirm, we find that petitioner made a sufficient showing of entitlement to confirmation of the award and to the entry of a judgment thereon. Consequently, the matter is remanded to the court below for entry of a judgment confirming the arbitration award.
Weston Patterson, J.P., Golia and Belen, JJ., concur.