Opinion
922 CA 22-00854
02-03-2023
In the MATTER OF ARBITRATION BETWEEN SYRACUSE FIREFIGHTERS ASSOCIATION, LOCAL 280 IAFF, AFL-CIO, CLC, Petitioner-Respondent, and CITY OF SYRACUSE, Respondent-Appellant.
BOND, SCHOENECK & KING, PLLC, SYRACUSE (LIZA R. MAGLEY OF COUNSEL), FOR RESPONDENT-APPELLANT. BLITMAN & KING LLP, SYRACUSE (NATHANIEL G. LAMBRIGHT OF COUNSEL), FOR PETITIONER-RESPONDENT.
BOND, SCHOENECK & KING, PLLC, SYRACUSE (LIZA R. MAGLEY OF COUNSEL), FOR RESPONDENT-APPELLANT.
BLITMAN & KING LLP, SYRACUSE (NATHANIEL G. LAMBRIGHT OF COUNSEL), FOR PETITIONER-RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, CURRAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.
Memorandum: In this CPLR article 75 proceeding, respondent appeals from an order and judgment that, inter alia, granted petitioner's petition to confirm an arbitration award and, in effect, denied respondent's cross motion to vacate the award. We affirm.
"It is well settled that judicial review of arbitration awards is extremely limited" ( Wien & Malkin LLP v. Helmsley-Spear, Inc. , 6 N.Y.3d 471, 479, 813 N.Y.S.2d 691, 846 N.E.2d 1201 [2006], cert dismissed 548 U.S. 940, 127 S.Ct. 34, 165 L.Ed.2d 1012 [2006] ; see Schiferle v. Capital Fence Co., Inc. , 155 A.D.3d 122, 125, 61 N.Y.S.3d 767 [4th Dept. 2017] ). As relevant here, " CPLR 7511 (b) (1) (iii) permits vacatur of an award where ... the arbitrator exceeds his or her power." "An arbitrator exceeds his or her power ... where his or her award violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power" ( Barone v. Haskins , 193 A.D.3d 1388, 1390, 147 N.Y.S.3d 787 [4th Dept. 2021], appeal dismissed 37 N.Y.3d 1032, 154 N.Y.S.3d 41, 175 N.E.3d 923 [2021], lv denied 37 N.Y.3d 919, 2022 WL 454145 [2022] ; see Matter of New York City Tr. Auth. v. Transport Workers’ Union of Am., Local 100, AFL-CIO , 6 N.Y.3d 332, 336, 812 N.Y.S.2d 413, 845 N.E.2d 1243 [2005] ), such as "exceed[ing] a limitation on his or her power as set forth in [a collective bargaining agreement]" ( Matter of Lackawanna Professional Fire Fighters Assn., Local 3166, IAFF, AFL-CIO [City of Lackawanna ], 156 A.D.3d 1406, 1407, 68 N.Y.S.3d 263 [4th Dept. 2017] ). A court lacks the authority, however, to "examine the merits of an arbitration award and substitute its judgment for that of the arbitrator[, even if] it believes its interpretation would be the better one" ( Matter of United Fedn. of Teachers, Local 2, AFT, AFL–CIO v. Board of Educ. of City School Dist. of City of N.Y. , 1 N.Y.3d 72, 83, 769 N.Y.S.2d 451, 801 N.E.2d 827 [2003] [internal quotation marks omitted]).
Here, contrary to respondent's contention, the arbitrator merely interpreted and applied the provisions of the relevant collective bargaining agreement (CBA), as she had the authority to do (see Lackawanna Professional Fire Fighters Assn., Local 3166, IAFF, AFL-CIO , 156 A.D.3d at 1408, 68 N.Y.S.3d 263 ). We are powerless to set aside that interpretation even if we disagree with it (see id. ). In any event, we conclude that the plain language of the CBA supports the arbitrator's interpretation.