Opinion
2018-13652 Index No. 507127/18
05-13-2020
In the Matter of Maurice G. LEWIS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.
Maurice G. Lewis, Valley Stream, NY, appellant pro se. David I. Farber, Brooklyn, N.Y. (Byron Z. Zinonos of counsel), for respondent.
Maurice G. Lewis, Valley Stream, NY, appellant pro se.
David I. Farber, Brooklyn, N.Y. (Byron Z. Zinonos of counsel), for respondent.
WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the order is affirmed, with costs.
The petitioner commenced this proceeding pursuant to CPLR article 75 to modify or vacate an arbitration award. The award determined that the petitioner, a bus driver employed by the New York City Transit Authority, be suspended for 15 days without pay as a result of an accident which occurred between a bus he was operating during the course of his employment and a motorized bicycle. The Supreme Court denied the petition and dismissed the proceeding.
Where, as here, an arbitration award was rendered after a consensual arbitration process pursuant to the terms of a collective bargaining agreement, the award may not be vacated on the ground that the arbitrator exceeded his or her power unless it violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation of the arbitrator's power (see CPLR 7511[b] ; 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 ). Here, the petitioner has not demonstrated that the subject award violates this standard, or that any other grounds for vacatur stated in CPLR 7511(b) apply.
The penalty of temporary suspension was also not irrational, and did not violate any strong public policy or clearly exceed an enumerated limitation on the arbitrator's power (see CPLR 7511[b] ; Matter of New York City Tr. Auth. v. Transport Workers Union of Am., Local 100, AFL–CIO , 99 N.Y.2d 1, 9, 750 N.Y.S.2d 805, 780 N.E.2d 490 ; Matter of Ross v. New York City Metro. Tr. Auth. , 174 A.D.3d 627, 628, 101 N.Y.S.3d 879 ).
MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.