Opinion
Argued March 6, 2000.
April 20, 2000.
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from an order of the Supreme Court, Rockland County (Miller, J.), dated February 10, 1999, which dismissed the proceeding and granted the respondent's cross motion to confirm the award.
Keane Beane, P.C., White Plains, N.Y. (Ronald A. Longo and Jonathan Kornblatt of counsel), for appellant.
Bunyan Baumgartner, LLP, Blauvelt, N.Y. (Joseph P. Baumgartner of counsel), for respondent.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the petitioner's contention, vacatur of the arbitration award is not warranted since the arbitration award did not violate a strong public policy, was not irrational, and did not clearly exceed a specifically-enumerated limitation on the arbitrator's power (see, Matter of Town of Callicoon [Civil Serv. Employees Assn.], 70 N.Y.2d 907 ; Matter of Meehan v. Nassau Community Coll., 251 A.D.2d 415 ; Matter of County of Westchester v. Alfonso, 244 A.D.2d 482 ). The arbitrator properly relied on the past practice of the parties in interpreting the collective bargaining agreement (see, Matter of Board of Educ. of N. Babylon Union Free School Dist. v. North Babylon Teachers' Org., 155 A.D.2d 599 ; Matter of Manhattan Bronx Surface Tr. Operating Auth. v. Local 100, Transport Workers Union of Amer., 84 A.D.2d 749), and, in doing so, did not negate any express contract provisions (see, Matter of Sachem Cent. Teachers Assn. v. Board of Educ., 227 A.D.2d 632; Matter of New York City Tr. Auth. v. Patrolmen's Benevolent Assn. of N Y City Tr. Police Dept., 129 A.D.2d 708 ). Accordingly, the Supreme Court properly confirmed the arbitration award.