Opinion
July 12, 1991
Appeal from the Supreme Court, Nassau County, Roncallo, J.
Present — Denman, J.P., Green, Balio, Lowery and Davis, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court erred in finding that petitioner lacked standing to challenge the arbitrator's award (see, Matter of Diaz v Pilgrim State Psychiatric Center, 62 N.Y.2d 693, 695). Nonetheless, we conclude that the arbitrator's determination that petitioner was lawfully discharged was not irrational, in excess of his authority or violative of any public policy. Accordingly, it should not be disturbed (see, Matter of Albany County Sheriff's Local 775 [County of Albany], 63 N.Y.2d 654, 656; Matter of Local Div. 1179 [Green Bus Lines], 50 N.Y.2d 1007, 1009; Rochester City School Dist. v Rochester Teachers Assn., 41 N.Y.2d 578, 582-583; Matter of Board of Educ. v Dover-Wingdale Teachers' Assn., 95 A.D.2d 497, 501-502, affd 61 N.Y.2d 913).
We have reviewed the other issues raised by petitioner and find them to be without merit.