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Matter of Suffolk Ct. W. Auth. v. Local 393

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 751 (N.Y. App. Div. 1997)

Opinion

June 30, 1997

Appeal from the Supreme Court, Suffolk County (Mullen, J.).


Ordered that the judgment is affirmed, with costs.

An arbitration award may not be vacated unless it violates a strong public policy, is irrational, or clearly exceeds a specifically-enumerated limitation on the arbitrator's power ( see, Matter of Town of Callicoon [Civil Serv. Empls. Assn.], 70 N.Y.2d 907; Matter of New York City Tr. Auth. v. Transport Workers Union, 215 A.D.2d 561). The petitioner Suffolk County Water Authority (hereinafter the Authority) contends that the arbitrator's modification of an employee's sanction for disconnecting the water meter at his residence from dismissal to a one-year suspension violates public policy.

We conclude that the Supreme Court properly confirmed the arbitration award. The parties agreed to resolve disputes concerning the discipline of employees by arbitration, and the Authority failed to establish that there are public policy considerations embodied in statute or decisional law which warrant court intervention in this case ( see, Binghamton Civ. Serv. Forum v. City of Binghamton, 44 N.Y.2d 23; see also, De Paulo v. City of Albany, 49 N.Y.2d 994; Matter of New York City Tr. Auth. v. Transport Workers Union, supra). Furthermore, the Authority has not shown that its own rules require dismissal as a sanction for the employee's conduct ( see, Matter of New York City Tr. Auth. v Transport Workers Union, supra; cf., Matter of New York City Tr. Auth. v. Transport Workers Union, 239 A.D.2d 421).

O'Brien, J.P., Ritter, Goldstein and Luciano, JJ., concur.


Summaries of

Matter of Suffolk Ct. W. Auth. v. Local 393

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 751 (N.Y. App. Div. 1997)
Case details for

Matter of Suffolk Ct. W. Auth. v. Local 393

Case Details

Full title:In the Matter of SUFFOLK COUNTY WATER AUTHORITY, Appellant, v. LOCAL 393…

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

Date published: Jun 30, 1997

Citations

240 A.D.2d 751 (N.Y. App. Div. 1997)
659 N.Y.S.2d 313

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