Opinion
2002-05007
Argued April 4, 2003.
April 28, 2003.
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the appeal, as limited by the brief, is from so much of an order of the Supreme Court, Kings County (Gigante, J.), dated November 20, 2001, as granted the petition to vacate the award to the extent of remitting the matter to the arbitrator to determine whether the petitioner's determination that Dorothy Jenkins committed an act of corporal punishment was arbitrary or capricious, and denied the cross motion to confirm the award.
James R. Sandner, New York, N.Y. (Steven A. Friedman of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and Tahirih M. Sadrieh of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, the cross motion is granted, and the arbitration award is confirmed.
The Supreme Court erred in granting the petition to vacate the arbitrator's award to the extent of remitting the matter for a new determination as to whether the petitioner's determination that Dorothy Jenkins, a paraprofessional, committed an act of corporal punishment was arbitrary or capricious, and denying the appellant's cross motion to confirm the award. The award, which rested upon the arbitrator's interpretation of the labor agreement, did not violate a strong public policy, was not irrational, and did not clearly exceed a specifically enumerated limitation of the arbitrator's power (see Matter of Albany County Sheriff's Local 775 of Council 82, AFSCME, AFL-CIO [County Of Albany], 63 N.Y.2d 654; Matter of Elmira Hgts. Cent. School Dist. [Elmira Hgts. Educ. Support Staff Assn.], 250 A.D.2d 983; see also Matter of Wicks Constr. [Green], 295 A.D.2d 527; Matter of Recore [Chateaugay Cent. School Dist.], 256 A.D.2d 801; Matter of Neiman v. Backer, 211 A.D.2d 721).
SANTUCCI, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.