Opinion
November 22, 1993
Appeal from the Supreme Court, Nassau County (Kohn, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondents are awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]).
The Supreme Court properly denied Richard L. Parmett's cross motion to vacate the award dated January 17, 1991. The arbitrator was free to make an award which he felt was appropriate under the circumstances, even though it exceeded the remedy requested by the parties (see, Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308). We find no merit to Parmett's contention that the arbitrator exceeded his authority by imposing personal liability on him (see, Matter of Board of Educ. v Dover-Wingdale Teachers' Assn., 61 N.Y.2d 913, 915; Matter of Silverman [Benmor Coats], supra), or that the award was irrational (see, Matter of Allen [New York State], 53 N.Y.2d 694, 696; Matter of United Fedn. of Teachers [Board of Educ.], 135 A.D.2d 638).
We have considered the appellants' remaining contentions, and find them to be equally without merit. Sullivan, J.P., Lawrence, O'Brien and Santucci, JJ., concur.