Opinion
November 1, 2001.
Judgment, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about May 20, 1999, which, inter alia, granted respondents' cross motions to dismiss the article 75 petition seeking to confirm an arbitration award pursuant to CPLR 7510 and seeking to vacate a subsequent arbitration award pursuant to CPLR 7511, unanimously affirmed, without costs.
Pro Se, for petitioner-appellant.
Dona B. Morris Charles D. Maurer, for respondents-respondents.
Before: Nardelli, J.P., Williams, Ellerin, Friedman, Marlow, JJ.
The petition was properly dismissed. The collective bargaining agreement between respondents provided that petitioner's grievance could be submitted to arbitration by respondent union. Since petitioner was represented by the union at the arbitration and he failed to show that the union breached its duty of fair representation, petitioner lacks standing to bring the instant petition (see, Sampson v. Board of Education, 191 A.D.2d 283; see also, Delgado v. Board of Education, 272 A.D.2d 207, lv denied 95 N.Y.2d 768, cert denied US , 149 L.Ed.2d 486;Matter of Sapadin v. Board of Education, 246 A.D.2d 359). The record establishes that the union vigorously represented petitioner, and there is no evidence of bad faith.
We have considered and rejected petitioner's remaining contentions.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.