In re the Arbitration between Kool Air Systems, Inc. & Syosset Institutional Builders, Inc.

Order, entered on June 17, 1964, denying motion to confirm arbitrator’s award, unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellant, and motion to confirm award granted, with $10 costs. Special Term denied the motion to confirm the award upon the ground that the arbitrator was guilty of misconduct in refusing an adjournment. It is not the refusal of any adjournment which constitutes misconduct but where the refusal forecloses the presentation of evidence. Generally, whether to grant or refuse an adjournment is within the discretion of the arbitrator…