Opinion
No. 4635.
March 29, 2011.
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered May 18, 2009, which granted the petition to confirm an arbitration award reinstating petitioner's member Bowana Robinson to his position as an institutional aide at the City of New York's Department of Juvenile Justice and awarding him back pay and seniority, and denied respondent's cross motion to vacate the award, unanimously reversed, on the law, without costs, the petition denied, the cross motion granted, and the matter remanded to the arbitrator for a determination of an appropriate penalty.
Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for appellant.
Kreisberg Maitland, LLP, New York (Jeffrey L. Kreisberg of counsel), for respondent.
Before: Mazzarelli, J.P., Saxe, Renwick and DeGrasse, Richter JJ.
The arbitrator's failure to give preclusive effect to Robinson's guilty plea of petit larceny was irrational (see Matter of State of N.Y. Off of Mental Health [New York State Correctional Officers Police Benevolent Assn., Inc.], 46 AD3d 1269, 1271, lv dismissed 10 NY3d 826). The arbitrator's award places Robinson back into a position where he has the responsibility to voucher property of individuals being brought into a juvenile facility ( see City School Dist. of City of N.Y. v Campbell, 20 AD3d 313).