Opinion
February 2, 1990
Appeal from the Supreme Court, Erie County, Francis, J.
Present — Dillon, P.J., Denman, Green, Lawton and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: In this proceeding to vacate an arbitration award, petitioner claims that the arbitrator "exceeded his power" (CPLR 7511 [b] [1] [iii]). Supreme Court denied petitioner's application to vacate the award. We affirm.
An arbitration award may be vacated on the ground that the arbitrator "exceeded his power" (CPLR 7511 [b] [1] [iii]) but his determination will not be set aside on that ground unless it is "'completely irrational'" (Rochester City School Dist. v Rochester Teachers Assn., 41 N.Y.2d 578, 582; see also, Matter of National Cash Register Co. [Wilson], 8 N.Y.2d 377, 383). We conclude that, on this record, the arbitrator's award cannot be said to be "'completely irrational'".