Opinion
March 16, 1993
Appeal from the Supreme Court, New York County (Stanley Sklar, J.).
Petitioner, a teacher who was injured while rearranging classroom furniture, was denied "injury in the line of duty" status after arbitration had in accordance with the collective bargaining agreement. As petitioner was represented by the United Federation of Teachers at arbitration, she has no standing to seek a vacatur of the arbitration award (Matter of Diaz v Pilgrim State Psychiatric Ctr., 95 A.D.2d 809, 810, affd 62 N.Y.2d 693).
Moreover, petitioner's contention that, inter alia, the arbitration award should be vacated because the arbitrator failed to consider material evidence and because he exceeded his authority by deciding matters not before him, is without merit. The union representative presented, inter alia, the petitioner's eligibility for the requested status. It is apparent that the arbitrator considered but did not credit petitioner's assertion that it was customary for the custodian to leave the classroom furniture out of place and for the teacher to arrange it because the teacher admitted that she never requested the custodian's assistance. Therefore, there would, in any event, be no basis to vacate the award which has a rational basis (Matter of Local Div. 1179 [Green Bus Lines], 50 N.Y.2d 1007).
Concur — Milonas, J.P., Ellerin, Ross, Kassal and Rubin, JJ.