MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the law by denying respondent's cross motion to vacate the arbitration award in its entirety, granting the petition to confirm the arbitration award in its entirety and ordering that judgment be entered in favor of petitioner in the amount of $306,700, plus interest at the rate of 5.18% accruing from March 15, 2001, together with the filing fee of $500 and as modified the order is affirmed without costs.
Memorandum:
Supreme Court erred in failing to grant the petition to confirm the arbitration award in its entirety ( see CPLR 7510). The parties submitted the entire matter in controversy to arbitration, including whether the Uniform Termination Notice for Securities Industry Registration (U-5 notice) filed by respondent with the National Association of Securities Dealers is absolutely privileged. Contrary to respondent's contention, there is not "a well-defined constitutional, statutory or common law of this State" according U-5 notices absolute immunity in every circumstance ( Matter of New York State Correctional Officers Police Benevolent Assoc. v State of New York, 94 N.Y.2d 321, 328; compare Fahnestock Co. v. Waltman, 935 F.2d 512, cert denied 502 U.S. 942 [applying New York law] with Herzfeld Stern v. Beck, 175 A.D.2d 689, appeal dismissed 79 N.Y.2d 914, lv dismissed 82 N.Y.2d 789). Thus, public policy does not preclude enforcement of the award (see Matter of New York City Tr. Auth. v. Transport Workers Union of Am., 99 N.Y.2d 1, 7). In the absence of a record of the arbitration hearing, we are unable to consider respondent's further contention that the award is wholly irrational in light of the evidence presented at the hearing ( see Matter of F.X. Caprara Auto Sales [Wilcox], 288 A.D.2d 955). We therefore modify the order by denying respondent's cross motion to vacate the award in its entirety, granting the petition to confirm the award in its entirety and ordering that judgment be entered in favor of petitioner in the amount of $306,700, plus interest at the rate of 5.18% accruing from March 15, 2001, together with the filing fee of $500.