In Kern v. Excelsior 57th Corp., 270 AD2d 25 (1st Dept 2000), the court held that where a party designated arbitrator died after conclusion of the hearing but prior to rendering of the final award, the arbitration need not be commenced de novo before an entirely new panel. Applying CPLR 7504, the court ruled that the circumstances constitutes an "inability to act and permits appointment of a successor" by the court.