Justice Colleen Duffy
Husband sought to vacate an arbitration award, arguing the arbitrator failed to follow procedures pursuant to CPLR Article 75. He also contended the award of counsel fees was improper and excessive. Wife filed an action against James arguing he violated terms and conditions of a separation agreement as modified by a modification agreement. An arbitrator awarded wife approximately $8,000, finding husband breached the separation agreement, and also awarded her attorney fees of nearly $37,000. The court rejected husband's contention the arbitration award should be vacated because an email notice received from the arbitrator of a continued arbitration hearing in May 2012 did not comport with the statutory notice requirement. The court noted, in light of the regular practice of the parties and the arbitrator to communicate via email during the pendency of the arbitration, the email notice of the May 2012 date was an appropriate method of notice for such continued proceeding. Further, as husband did not dispute the method of notice for a continued hearing on Feb. 17, 2012, he waived his right to object now. Thus, the court denied husband's motion to vacate the arbitration award.
