Opinion
May 20, 1996
Appeal from the Supreme Court, Nassau County (McCabe, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The absence of an agreement to arbitrate is not a basis upon which either a person who has been served with a notice of intent to arbitrate or a person who has participated in arbitration, may seek to have the award vacated ( see, CPLR 7511 [b] [1], [2] [ii]; Crum Forster Commercial Ins. v. Yakar, 208 A.D.2d 833). Balletta, J.P., Copertino, Santucci and Hart, JJ., concur.