From Casetext: Smarter Legal Research

Matter of Public Employees Federation

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1993
191 A.D.2d 569 (N.Y. App. Div. 1993)

Opinion

March 15, 1993

Appeal from the Supreme Court, Kings County (Spodek, J.).


Ordered that the order is affirmed, with costs.

It is well established that where a party who has participated in arbitration seeks to vacate the award, vacatur may only be granted upon one of the grounds enumerated in CPLR 7511 (b) (1) (see, Matter of Silverman [Benmor Coats], 61 N.Y.2d 299; Materia v. Josephthal Co., 133 A.D.2d 146). Since the petitioner failed to show that the arbitrator's award violated some strong public policy, was totally irrational, or exceeded the arbitrator's powers, the trial court properly dismissed the petition to vacate the award (see, Matter of Silverman [Benmor Coats], supra; Matter of Albany County Sheriff's Local 775 [County of Albany], 63 N.Y.2d 654). Moreover, the petitioner failed to demonstrate by clear and convincing proof that the arbitrator engaged in misconduct or was biased against him (see, Rose v. Lowrey Co., 181 A.D.2d 418; Matter of Disston Co., 176 A.D.2d 679; Matter of Sedlis, 161 A.D.2d 288; Matter of Sussco Exterior Sys. v. Hercules Constr. Corp., 120 A.D.2d 532; Matter of Wiener Furniture Co. v Kingston City Schools Consol., 90 A.D.2d 875). Since the petitioner failed to establish a basis for vacating the award, the petition to vacate the award was properly dismissed (see, Matter of State Univ. v. Young, 170 A.D.2d 510, cert denied ___ US ___, 113 S Ct 815; Finley v. Manhattan Dev. Ctr., 119 A.D.2d 425). Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.


Summaries of

Matter of Public Employees Federation

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1993
191 A.D.2d 569 (N.Y. App. Div. 1993)
Case details for

Matter of Public Employees Federation

Case Details

Full title:In the Matter of PUBLIC EMPLOYEES FEDERATION, on Behalf of LIONEL DASRATH…

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

Date published: Mar 15, 1993

Citations

191 A.D.2d 569 (N.Y. App. Div. 1993)
595 N.Y.S.2d 331

Citing Cases

Santana v. Country-Wide Ins. Co.

This is to be distinguished from a postarbitration allegation of "actual partiality" which may not be deemed…

Nat'l Acad. of Television v. Acad. of Television

Moreover, as the Court of Appeals has stated, "reservation of jurisdiction to resolve disputes that might…