Opinion
Decided June 29, 2004.
Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 14, 2003. The Appellate Division (1) reversed, on the law, an order and judgment (one paper) of the Supreme Court, New York County (Joan Madden, J.), which had granted petitioners' motion pursuant to CPLR 7510 to confirm an arbitration award overturning respondent's determination that petitioner Dowleyne had, by failing to produce an adequate urine sample, refused to submit to a random drug test, and had directed respondent to reinstate Dowleyne as a bus driver, (2) denied the motion, (3) granted the cross petition, (4) vacated the arbitration award, and (5) removed Dowleyne from her bus driver position.
Matter of Dowleyne v. New York City Tr. Auth., 309 AD2d 583, reversed.
Kennedy, Schwartz Cure, P.C., New York City ( Arthur Z. Schwartz and Elizabeth M. Pilecki of counsel), for appellants.
Richard Schoolman, Brooklyn, for respondent.
Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and the judgment of Supreme Court confirming the arbitration award reinstated, with costs.
The Appellate Division's vacatur cannot stand because it improperly substituted its factual finding for that of a majority of the arbitration panel.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 500.4), order reversed, with costs, and judgment of Supreme Court, New York County, reinstated, in a memorandum.