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MATTER OF CHERNUCHIN v. LIBERTY MUTUAL INS

Appellate Division of the Supreme Court of New York, Second Department.
Jan 24, 2000
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DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

We reject the appellant's contention that the arbitration award should have been vacated based on the appearance of partiality of the arbitrator. It is well settled that mere occasional associations between an arbitrator and those appearing before him generally will not warrant disqualification of the arbitrator on the ground of the appearance of bias or partiality (see, Matter of Siegel [Lewis], 40 N.Y.2d 687, 690 ; Matter of Henry Quentzel Plumbing Supply Co. v. Quentzel, 193 A.D.2d 678 ). Here, the nature of the contacts between the arbitrator and the petitioner's attorney were insufficient to support a finding that there was an appearance of bias or partiality (see, Matter of Henry Quentzel Plumbing Supply Co. v. Quentzel, supra). Moreover, the appellant failed to demonstrate any prejudice to its rights as a result of any alleged appearance of bias or partiality (see, CPLR 7511[b][1]). The appellant's remaining contentions are without merit.

THOMPSON, J. P., S. MILLER, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.