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MATTER OF OAKLAND JEWISH CENTER v. ISAACSON
Appellate Division of the Supreme Court of New York, Second Department.
Jan 21, 1992
Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, and the motion is denied.
The court improvidently exercised its discretion in awarding the neutral arbitrator a fee of $4,500, and, in a companion appeal, that fee has been reduced to $2,250 (see, CPLR 7513; Matter of Oakland Jewish Center v. Isaacson, 179 A.D.2d 761 [decided herewith]). Under the circumstances of this case, the payment of the fee of $2,250 should be solely the petitioner's obligation. The court further erred in awarding $500 in costs to the arbitrator for compelling the arbitrator to make a motion to obtain his fee (see, CPLR 8202). Harwood, J.P., Balletta, Rosenblatt and Copertino, JJ., concur.
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