Opinion
2014-12-24
In the Matter of Brooks SLOCUM, appellant, v. Elena MADARIAGA, et al., respondents.
Napoli Bern Ripka Shkolnik LLP, New York, N.Y. (Denise A. Rubin of counsel), for appellant. Law Office of Donovan Wickline, P.C., Brooklyn, N.Y., for respondents.
Napoli Bern Ripka Shkolnik LLP, New York, N.Y. (Denise A. Rubin of counsel), for appellant. Law Office of Donovan Wickline, P.C., Brooklyn, N.Y., for respondents.
REINALDO E. RIVERA, J.P., SHERI S. ROMAN, COLLEEN D. DUFFY, and BETSY BARROS, JJ.
In a proceeding pursuant to CPLR article 75 to confirm an arbitration award, the petitioner appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Mahon, J.), entered January 22, 2013, as, upon renewal, denied that branch of his motion which was to confirm the arbitration award, and granted that branch of the respondents' cross motion which was to vacate the arbitration award.
ORDERED that the order is affirmed insofar as appealed from, with costs.
An arbitration award may be vacated if the court finds that the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award; (2) partiality of an arbitrator; (3) the arbitrator exceeding his or her power; or (4) the failure to follow the procedures of CPLR article 75 ( seeCPLR 7511[b] ). In addition, an arbitration award may be vacated if it violates strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power ( see Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 N.Y.3d 85, 90, 917 N.Y.S.2d 82, 942 N.E.2d 291; 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, 79, 769 N.Y.S.2d 451, 801 N.E.2d 827).
An arbitrator's authority “extends to only those issues that are actually presented by the parties” ( Matter of Joan Hansen & Co., Inc. v. Everlast World's Boxing Headquarters Corp., 13 N.Y.3d 168, 173, 889 N.Y.S.2d 886, 918 N.E.2d 482), and an arbitrator exceeds his or her authority by reaching issues not raised by the parties ( see Goldberg v. Nugent, 85 A.D.3d 459, 924 N.Y.S.2d 265; Matter of Karadhimas v. Allstate Ins. Co., 9 A.D.3d 429, 430–431, 781 N.Y.S.2d 41; Matter of Spear, Leeds & Kellogg v. Bullseye Sec., 291 A.D.2d 255, 256, 738 N.Y.S.2d 27). Here, the arbitrator awarded the petitioner $43,000 in damages based on the amount due under the subject contract, although the petitioner sought only $34,920 in damages for work done above and beyond the contract. Accordingly, the Supreme Court properly vacated the award as issued in excess of the arbitrator's authority ( see Matter of Lawrence Terrace Co. v. Benova, 133 A.D.2d 689, 691–692, 519 N.Y.S.2d 860).
The petitioner's remaining contentions are without merit.