Opinion
No. CA 06-00508.
November 17, 2006.
Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered November 22, 2005 in a proceeding pursuant to CPLR article 75. The order and judgment denied the petition, granted the cross application of respondent and confirmed the arbitration award.
Before: Present — Scudder, J.P., Kehoe, Martoche and Green, JJ.
It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Petitioner appeals from an order and judgment that denied its petition seeking to vacate the arbitration award directing petitioner to reinstate the grievant to his position as a paraprofessional and instead granted the cross application of respondent to confirm the award. "Petitioner failed to meet its heavy burden of establishing that the award is 'violative of a strong public policy, is totally irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power'" ( Matter of Mohawk Vol. Community Coll. [Mohawk Vol. Community Coll. Professional Assn.], 28 AD3d 1140, 1141 , quoting Matter of Town of Callicoon [Civil Serv. Empls. Assn., Town of Callicoon Unit], 70 NY2d 907, 909; see Matter of New York City Tr. Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332, 336).