N.Y. Comp. Codes R. & Regs. tit. 22, § 28.13
(a) Any party, except one who has demanded a trial de novo, within 30 days after the award is filed, may serve upon all other parties who have appeared and file with the appropriate court clerk a motion to vacate the award on only the grounds that the rights of the moving party were prejudiced because:
(3) there was a substantial failure to follow the procedures established by or pursuant to these rules;
unless the party applying to vacate the award continued with the arbitration with notice of the defect and without objection.