Justice Colleen Duffy
Wife Lauren sought to confirm an arbitration award granting over $68,000 in her favor against husband Brian, and $90,000 for counsel's fees, among other things. Brian cross-moved to vacate the award arguing the arbitrator exceeded his authority, was partial, and sought a rehearing before a new arbitrator. The parties entered into a written settlement agreement and an arbitration agreement. Brian filed a notice of intent to arbitrate seeking a downward modification of his child support obligation based on involuntary change of financial circumstances. The arbitrator denied Brian's claim for legal fees, and found his unilateral reduction of support payments and refusal to pay add-on expenses was willful. The court found Brian was contractually barred from challenging the award, noting CPLR 7509 had no provision permitting him to seek vacatur, thus denied the cross-motion. It stated the parties' voluntary agreement to restrict judicial review of the award was a valid contractual provision the court would not undermine. The court also found Brian abandoned any claim he may have had to seek modification of the award. It further concluded Brian failed to establish the arbitrator exceeded his authority or was biased, confirming the award.
