N.Y. Civil Practice Law & Rules § 7506: Hearing

§ 7506. Hearing. (a) Oath of arbitrator. Before hearing any testimony,

an arbitrator shall be sworn to hear and decide the controversy

faithfully and fairly by an officer authorized to administer an oath.

(b) Time and place. The arbitrator shall appoint a time and place for

the hearing and notify the parties in writing personally or by

registered or certified mail not less than eight days before the

hearing. The arbitrator may adjourn or postpone the hearing. The court,

upon application of any party, may direct the arbitrator to proceed

promptly with the hearing and determination of the controversy.

(c) Evidence. The parties are entitled to be heard, to present

evidence and to cross-examine witnesses. Notwithstanding the failure of

a party duly notified to appear, the arbitrator may hear and determine

the controversy upon the evidence produced.

(d) Representation by attorney. A party has the right to be

represented by an attorney and may claim such right at any time as to

any part of the arbitration or hearings which have not taken place. This

right 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 all

the arbitrators, but a majority may determine any question and render an

award.

(f) Waiver. Except as provided in subdivision (d), a requirement of

this section may be waived by written consent of the parties and it is

waived if the parties continue with the arbitration without objection.