Opinion
July 2, 1998
Appeal from the Supreme Court, New York County (Louise Gruner Gans, J.).
An arbitration award may not be vacated, unless it is violative of strong public policy, utterly irrational, or made in clear excess, of a specifically enumerated limitation upon the arbitrator's power ( see, Hackett v. Milbank, Tweed, Hadley McCloy, 86 N.Y.2d 146, 154-155). Here, petitioner has failed to advance any ground upon which the challenged award might be disturbed. While he contends primarily that the evidence merited the conclusion that respondent had not paid him certain earned wages, the arbitrators' evident decision to credit evidence justifying the contrary conclusion, that petitioner had in fact been paid what he was owed, was not irrational. Nor does there exist any basis to modify the award pursuant to CPLR 7511 (c) (1). The claimed error affecting the award is not computational in nature and, accordingly is not error of the sort remediable under the authority of that statute ( see, Matter of Ververs Schueller Co. [Emory Mach. Tool Co.], 190 A.D.2d 1079).
Concur — Sullivan, J.P., Milonas, Rubin, Williams and Andrias, JJ.