Opinion
CA 02-01076
November 15, 2002.
Appeal from an order of Supreme Court, Erie County (Sconiers, J.), entered February 22, 2002, which denied the petition seeking to vacate an arbitrator's award and granted the cross petition seeking to confirm the award.
BARTLO, HETTLER WEISS, KENMORE (PAUL D. WEISS OF COUNSEL), FOR PETITIONER-RESPONDENT-APPELLANT.
FREDERICK A. WOLF, COUNTY ATTORNEY, BUFFALO (KRISTIN KLEIN WHEATON OF COUNSEL), FOR RESPONDENTS-PETITIONERS-RESPONDENTS.
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied the petition seeking to vacate the arbitrator's award and granted the cross petition seeking to confirm the award. Petitioner did not meet its "heavy burden of demonstrating that the arbitrator's award is `violative of a strong public policy * * * [or] totally irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power'" ( Matter of Obot [New York State Dept. of Correctional Servs.], 224 A.D.2d 1006, 1006, affd 89 N.Y.2d 883, quoting Matter of Town of Callicoon [Civil Serv. Empls. Assn., Town of Callicoon Unit], 70 N.Y.2d 907, 909; see Matter of County of Steuben [Civil Serv. Employees' Assn., Local 1000, AFSCME, AFL-CIO], 292 A.D.2d 810, 811, lv denied 98 N.Y.2d 606).