Opinion
March 2, 1998
Appeal from the Supreme Court, Rockland County (Bergerman, J.).
Ordered that the judgment is affirmed, with costs.
The petitioner agreed to grant the arbitrator's request for an extension of time to November 17, 1995, in rendering the award. Accordingly, the petitioner's claims relating to the arbitrator's alleged misconduct in his delay in rendering the arbitration award have been waived (see, Matter of Lebow [Bogner-Seitel Realty], 55 A.D.2d 695, 696; see also, Matter of Siegel [Lewis], 40 N.Y.2d 687, 690; Matter of Stevens Co. [Rytex Corp.], 34 N.Y.2d 123, 129; Matter of Cheek v. Chubb Son, 70 A.D.2d 622). In any event, the arbitrator's actions did not constitute misconduct.
Furthermore, we find that the arbitration award, in sustaining the penalty of dismissal from employment for theft and deceit, does not violate a strong public policy and is not irrational (see, Matter of Town of Callicoon [Civil Serv. Empls. Assn.], 70 N.Y.2d 907; Matter of Suffolk County Water Auth. v. Local 393, 240 A.D.2d 751; Matter of New York City Tr. Auth. v. Transport Workers Union, 243 A.D.2d 567; Matter of State Univ. v. Young, 170 A.D.2d 510, 511, cert. denied, 506 U.S. 1035).
The petitioner's remaining contentions are without merit.
O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.