12-359. DENISE CORLETT, plf-ap, v. MEMADET REALTY CORP. AND JACOB SELECHNIK, def-res — Order (Frank P. Nervo, J.), dated March 29, 2012, affirmed, without costs.
Plaintiff's motion to vacate the small claims arbitration award was properly denied on this record, which shows that plaintiff signed an arbitration consent form in which she agreed that the award was final and expressly waived her rights to appeal (22 NYCRR 208.41[n] [2]). Therefore, to the extent plaintiff sought review of the merits of the arbitrator's award, her vacatur motion was properly denied. Plaintiff's claim that defendants procured the award through fraud (see CPLR 7511 [b] [1] [i]) is unavailing, in the absence of "clear and convincing evidence that [defendants] committed a fraud materially related to an issue in the arbitration that could have influenced the arbitrator's decision" (see Caremor, Inc. v. Effar (Tiberias) Ltd., 247 AD2d 348 [1998]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
