Matter of Rodman & Renshaw, LLC v Murray

Matter of Matter of Rodman & Renshaw, LLC v Murray 2012 NY Slip Op 01330 Decided on February 21, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 21, 2012
Mazzarelli, J.P., Andrias, DeGrasse, Richter, Abdus-Salaam, JJ.
651877/10 6720

[*1]6719-In re Rodman & Renshaw, LLC, et al., Petitioners-Respondents,

v

Matthew N. Murray, Respondent-Appellant.




Schlam Stone & Dolan LLP, New York (David J. Katz of
counsel), for appellant.
Wilk Auslander LLP, New York (Jay S. Auslander of counsel),
for respondents.

Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered October 13, 2011, awarding petitioners the total amount of $16,048,447.06, and bringing up for review an order, same court and Justice, entered August 16, 2011, which, in this proceeding brought pursuant to CPLR article 75, granted petitioners' motion to confirm an arbitration award, and denied respondent's cross motion to vacate the award of damages, unanimously affirmed, without costs. Appeal from the August 16, 2011 order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The arbitration award was not marked by manifest disregard of the law, as there was no showing that the arbitrators had ignored or refused to apply a governing legal principle that was well defined, explicit, and clearly applicable to the case (see Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 481 [2006]). Nor has respondent established that the award was irrational or violative of a strong public policy (see Kalyanaram v New York Inst. of Tech., 79 AD3d 418, 419 [2010], lv denied 17 NY3d 712 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 21, 2012

CLERK