In Re the Arbitration Between David Frueh Contracting, LLC & BCI Construction, Inc.

Appeal from an order and judgment of the Supreme Court (Walsh, J.), entered October 6, 2014 in Albany County, which, among other things, granted respondent’s cross application pursuant to CPLR 7511 to partially vacate a modified arbitration award.

Respondent was the prime contractor on a public work project awarded by the United States Department of Labor for construction at the Glenmont Job Corps Center in Albany County. Respondent entered into a subcontract with petitioner to perform site work in conjunction with that project, and the subcontract provided that any dispute arising under the…