From Casetext: Smarter Legal Research

Matter of Gonzalez v. City of Peekskill

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 2001
284 A.D.2d 463 (N.Y. App. Div. 2001)

Opinion

Argued May 10, 2001.

June 18, 2001.

In a proceeding pursuant to CPLR 7511 to vacate an arbitration award, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Donovan, J.), dated August 4, 2000, which, inter alia, denied the petition and dismissed the proceeding.

Joseph A. Maria, P.C., White Plains, N.Y. (Andrew W. Bilinski on the brief), for appellant.

Rains Pogrebin, P.C., Mineola, N.Y. (David M. Wirtz and Julie A. Torrey of counsel), for respondents.

Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.


ORDERED that the judgment is affirmed, with costs.

Since the petitioner was not a party to either the collective bargaining agreement or the arbitration, he lacks standing to seek vacatur of the arbitrator's award (see, CPLR 7511; Matter of Wilson v. Board of Educ. of City of N.Y., 261 A.D.2d 409; Matter of Alava v. Consolidated Edison Co. of N.Y., 183 A.D.2d 713).

The petitioner's remaining contentions are without merit.

GOLDSTEIN, J.P., McGINITY, SCHMIDT and SMITH, JJ., concur.


Summaries of

Matter of Gonzalez v. City of Peekskill

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 2001
284 A.D.2d 463 (N.Y. App. Div. 2001)
Case details for

Matter of Gonzalez v. City of Peekskill

Case Details

Full title:IN THE MATTER OF VICTOR GONZALEZ, appellant, v. CITY OF PEEKSKILL, ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 18, 2001

Citations

284 A.D.2d 463 (N.Y. App. Div. 2001)
726 N.Y.S.2d 874

Citing Cases

Sheehan v. Suffolk Cnty. Sheriff's Dep't

The petition does not set forth any fact to suggest that the arbitration award was made under any…

Grant v. Brooklyn Hosp. Ctr.

Under the circumstances of this case, the petitioner, who was not a party to the subject collective…