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In re MacDonald v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 2004
13 A.D.3d 537 (N.Y. App. Div. 2004)

Opinion

2003-07483

December 20, 2004.

In a proceeding pursuant to CPLR article 75 to confirm an arbitration award, dated May 21, 2002, which awarded the petitioner benefits pursuant to General Municipal Law § 207-a, the City of New Rochelle appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (LaCava, J.), entered July 16, 2003, which granted the petition and denied its application to vacate the award.

Before: Florio, J.P., Schmidt, Adams and Cozier, JJ., concur.


Ordered that the order and judgment is affirmed, with costs.

A court will vacate an arbitration award only where the award is violative of public policy, is irrational, or exceeds a specifically-enumerated limitation on the arbitrator's power ( see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v. Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 79; Matter of Silverman [Benmor Coats], 61 NY2d 299, 308).

Contrary to the appellant's contention, the Supreme Court properly granted the petition to confirm the award and denied its application to vacate the award. The arbitrator did not exceed his authority, and the award was neither irrational nor violative of public policy ( see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v. Board of Educ. of City School Dist. of City of N.Y., supra).


Summaries of

In re MacDonald v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 2004
13 A.D.3d 537 (N.Y. App. Div. 2004)
Case details for

In re MacDonald v. City of New Rochelle

Case Details

Full title:In the Matter of ROBERT MacDONALD, Respondent, v. CITY OF NEW ROCHELLE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 20, 2004

Citations

13 A.D.3d 537 (N.Y. App. Div. 2004)
786 N.Y.S.2d 318

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