Opinion
December 2, 1993
Appeal from the Supreme Court, New York County (Bruce Wright, J.).
We agree with the IAS Court that it is not completely irrational to construe the collective bargaining agreement in question in a manner that does not limit respondent's right under Civil Service Law §§ 71 and 72 to terminate correction officers on sick leave for more than one year (cf., Matter of Economico v Village of Pelham, 50 N.Y.2d 120, 126, overruled in Matter of Prue v Hunt, 78 N.Y.2d 364). Nor was the award violative of a strong public policy or nonfinal for not having decided at what point after one year respondent could institute termination proceedings, an issue never presented to the arbitrator (Matter of Meisels v Uhr, 79 N.Y.2d 526, 536).
Concur — Sullivan, J.P., Carro, Rosenberger, Ross and Asch, JJ.