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Matter of New York State Nurses Association

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 1999
258 A.D.2d 303 (N.Y. App. Div. 1999)

Opinion

February 9, 1999

Appeal from the Supreme Court, New York County (Paula Omansky, J.).


The subject arbitral award was properly confirmed since petitioner failed to establish the existence of any of the grounds for vacatur set forth in CPLR 7511. Those grounds are the exclusive bases for vacatur of an arbitral award ( Hackett v. Milbank, Tweed, Hadley McCloy, 86 N.Y.2d 146, 154), and provide no authority for the review petitioner would have us undertake of legal and factual matters properly submitted to and determined in arbitration. Where, as here, issues have been properly placed before an arbitrator, "questions of law and fact are merged in the award and are not within the power of the judiciary to resolve" ( Binghamton Civ. Serv. Forum v. City of Binghamton, 44 N.Y.2d 23, 28; accord, North Syracuse Cent. School Dist. v. North Syracuse Educ. Assn., 45 N.Y.2d 195, 200).

Concur — Williams, J. P., Wallach, Tom and Mazzarelli, JJ.


Summaries of

Matter of New York State Nurses Association

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 1999
258 A.D.2d 303 (N.Y. App. Div. 1999)
Case details for

Matter of New York State Nurses Association

Case Details

Full title:In the Matter of the Arbitration between NEW YORK STATE NURSES…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 9, 1999

Citations

258 A.D.2d 303 (N.Y. App. Div. 1999)
685 N.Y.S.2d 182

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