Opinion
03-08-2016
In re the BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK (DOE), et al., Petitioners–Respondents, v. UNITED FEDERATION OF TEACHERS, et al., Respondents–Appellants.
Law Office of Richard E. Casagrande, New York (Oriana Vigliotti of counsel), for appellants. Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondents.
Law Office of Richard E. Casagrande, New York (Oriana Vigliotti of counsel), for appellants.
Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondents.
Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered June 23, 2014, which granted the petition to vacate a supplemental arbitration award, and denied respondents' motion to dismiss the petition and " cross motion" to confirm the supplemental award, unanimously affirmed, without costs.
The court properly vacated the supplemental arbitration award because the parties failed to comply with the procedure set forth in CPLR 7509 (Matter of Bianchi (Katz), 111 A.D.3d 1012, 1013, 974 N.Y.S.2d 641 [3d Dept.2013] ; Melun Indus., Inc. v. Strange, 898 F.Supp. 995, 1001 [S.D.N.Y.1992] ), and the standard for modification under CPLR 7511(c) was not met (Matter of New Paltz Cent. School Dist. [New Paltz United Teachers], 99 A.D.2d 907, 472 N.Y.S.2d 511 [3d Dept.1984] ).
In addition, the arbitrator exceeded his powers by "rendering wholly new determinations on matters not addressed in the original award" (Matter of Outback Steakhouse, Inc. v. Contracting Mgt., Inc., 58 A.D.3d 855, 855, 873 N.Y.S.2d 120 [2d Dept.2009] ). We have considered the parties' remaining arguments and find them unavailing.
FRIEDMAN, J.P., ACOSTA, RENWICK, RICHTER, JJ., concur.