Lebis Contracting, Inc. v. City of Lock-Port

—Judgment unanimously affirmed with costs. Memorandum: By failing to object to the qualifications of the law secretary to a Supreme Court Justice to serve as either an arbitrator or a Referee, but, rather, by signing an agreement to arbitrate before an arbitrator to be appointed by the court and then submitting to a hearing before him, petitioner has waived any such objections (see, Matter of Scinta v Scinta, 129 AD2d 262, 265; Matter of Frankel v Kissena Jewish Center, 144 Misc 2d 548, 550). Likewise, a party who participates in an arbitration proceeding without demanding that the arbitrator…