In a Decision – K.V.H. v. W.S.H.,. (an "Unreported Decision") >> the Court Held:
The Appellate Division held that a party could seek appellate review only if there was an order or judgment confirming, denying, modifying or correcting the award. Defendant should have challenged the award in the trial court and he failed to do so. Husband had failed to challenge the award in the trial court.
Husband appealed, arguing the arbitration award and the fee arbitration award had to be vacated because the arbitrator exhibited partiality and bias in favor of Wife.
Indeed, here the parties "confirmed" the March 2017 Arbitration Award in the Final Judgment. While defendant could appeal from that Final Judgment, he cannot raise a challenge to the arbitration award for the first time on appeal. If defendant wanted to preserve a right to appeal based on a challenge to the arbitration award, he should have first raised that challenge in the trial court.