Opinion
14782, 651849/13
04-09-2015
In re SOCIAL SERVICE EMPLOYEES UNION LOCAL, on behalf of its member, Matthew Opuoru, Petitioner–Appellant, v. The CITY OF NEW YORK, et al., Respondents–Respondents.
Kreisberg & Maitland, LLP, New York (Gary Maitland of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
Kreisberg & Maitland, LLP, New York (Gary Maitland of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
Opinion Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about August 7, 2014, which denied the petition brought pursuant to CPLR article 75 to vacate an arbitration award, and granted respondents' cross motion to confirm the award, unanimously affirmed, without costs.The arbitrator, who, upon remand from this Court (100 A.D.3d 422, 953 N.Y.S.2d 575 [1st Dept.2012] ), and pursuant to the stipulation of the parties, was to reconsider the penalty imposed on the employee, did not irrationally or clearly exceed his authority by upholding the penalty of termination imposed by respondents ( Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 N.Y.3d 85, 91, 917 N.Y.S.2d 82, 942 N.E.2d 291 [2010] ).
GONZALEZ, P.J., MAZZARELLI, SAXE, MANZANET–DANIELS, CLARK, JJ., concur.