Material Damage Adjustment Corp. v. Eliphene

—In a proceeding pursuant to CPLR article 75 to stay arbitration, the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (O’Connell, J.), dated April 8, 1998, as, upon reargument of a prior order of the same court, dated January 5, 1998, denying their motion to vacate an arbitration award, adhered to the original determination.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The petitioners waived their contention that the arbitrator exceeded her power by proceeding with arbitration where…