Security Unit Employees v. State

—In a proceeding pursuant to CPLR article 75 to vacate an arbitration award dated April 30,1995, the petitioner Dwayne Holman appeals from an order of the Supreme Court, Dutchess County (Beisner, J.), entered October 11, 1995, which denied the petition and confirmed the award.

Ordered that the order is affirmed, with costs.

The petitioner’s contention that there was misconduct by the arbitrator in making the award is raised for the first time on appeal and, as such, shall not be considered (see, Matter of Allstate Ins. Co. v Bieder, 212 AD2d 693, 694).

While the arbitrator apparently failed to…