In re the Arbitration between MBNA America Bank, N.A. & Turull

OPINION OF THE COURT

Memorandum.

Order affirmed without costs.

Petitioner MBNA America Bank, N.A., commenced a proceeding pursuant to CPLR article 75 to confirm an arbitration award rendered in its favor. Although respondent defaulted both at the arbitration proceeding and in the instant proceeding, the court below declined to confirm the arbitration award, based upon petitioner’s failure to provide proof that timely written notice of the time and place of the arbitration hearing was delivered to the respondent, in accordance with CPLR 7506 (b).

The parties had entered into a credit card…