2 No. 152
   In the Matter of Jaidan Industries, Inc.,
   Appellant,
   v.
   M.A. Angeliades, Inc.,
   Respondent.
     _________________________________________________________________

   2001 NY Int. 124

   November 19, 2001

   This memorandum is uncorrected and subject to revision before
   publication in the New York Reports.

   Craig M. Nisnewitz, for appellant.
   Kostas T. Golfinopoulos, for respondent.
     _________________________________________________________________
     _________________________________________________________________

   MEMORANDUM:

   The order of the Appellate Division, insofar as appealed from, should
   be reversed, with costs, and the judgment of Supreme Court reinstated.

   Jaidan Industries, Inc. agreed to manufacture windows for M.A.
   Angeliades, Inc. Though Jaidan partially performed, Angeliades refused
   to pay and did not allow Jaidan to continue work. Jaidan demanded
   arbitration, seeking $250,000 in damages; Angeliades counterclaimed
   for $100,000.

   An arbitrator awarded Jaidan $166,673.09, including $78,000 for
   "design and engineering new aluminum windows." Jaidan commenced this
   article 75 proceeding to confirm its award. Angeliades cross-moved to
   vacate the award, alleging that because Jaidan had not employed a
   licensed engineer or architect, the $78,000 awarded for the windows
   violated New York's Education Law, which prohibits the unlicensed
   practice of engineering or architecture (see, New York Education
   Law §§ 7201-7202, 7301- 7302). Supreme Court confirmed the award and
   denied Angeliades' motion. The Appellate Division, however, modified
   by vacating $78,000 of the award, concluding that because it was
   undisputed Jaidan was not licensed to perform architectural and
   engineering services, "on its face, the arbitrator's award * * *
   violated public policy" (277 2 237, 238). We now reverse.

   An arbitration award may be vacated on public policy grounds only