In re Arbitration between Accessible Development Corp. & Ocean House Center Inc.

Order and judgment (one paper), Supreme Court, New York County (Lottie Wilkins, J.), entered June 20, 2003, which denied the petition to confirm the award, granted respondent’s application to vacate the award, and scheduled a rehearing of the proceeding before the same arbitrator, unanimously affirmed, with costs.

Prior to the commencement of this proceeding to arbitrate a dispute over payment for alterations to respondent’s adult care facility, a grand jury indicted respondent’s two principals for fraud, theft and falsification of business records. The grand jury heard testimony by…