In re the Arbitration between Carp & Van Tassel

—Cardona, P. J.

Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered October 11, 1995 in Cortland County, which granted respondent’s application, in a proceeding pursuant to CPLR article 75, to, inter alia, vacate an order confirming an arbitration award.

In October 1993, respondent, an 18-year-old college student at the State University of New York in Oswego (hereinafter SUNY), responded to an advertisement offering physics tutoring posted by petitioner, a former instructor at SUNY. According to respondent, the first time she met with petitioner he told her that the charge for…