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N.Y. CPLR § 7506

N.Y. CPLR § 7506 - Hearing (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 7506, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7506 Hearing § 7506. Hearing. (a) Oath of arbitrator. Before hearing any testimony,an arbitrator shall be sworn to hear and decide the controversyfaithfully and fairly by an officer authorized to administer an oath.(b) Time and place. The arbitrator shall appoint a time and place forthe hearing and notify the parties in writing personally or byregistered or certified mail not less than eight days before thehearing. The arbitrator may adjourn or postpone the hearing. The court,upon application of any party, may direct the arbitrator to proceedpromptly with the hearing and determination of the controversy.(c) Evidence. The parties are entitled to be heard, to presentevidence and to cross-examine witnesses. Notwithstanding the failure ofa party duly notified to appear, the arbitrator may hear and determinethe controversy upon the evidence produced.(d) Representation by attorney. A party has the right to berepresented by an attorney and may claim such right at any time as toany part of the arbitration or hearings which have not taken place. Thisright may not be waived. If a party is represented by an attorney,papers to be served on the party shall be served upon his attorney.(e) Determination by majority. The hearing shall be conducted by allthe arbitrators, but a majority may determine any question and render anaward.(f) Waiver. Except as provided in subdivision (d), a requirement ofthis section may be waived by written consent of the parties and it iswaived if the parties continue with the arbitration without objection.