Opinion
November 3, 2000.
Order, Supreme Court, New York County (Harold Beeler, J.), entered on or about June 29, 1999, which dismissed the petition brought pursuant to CPLR Article 75 to confirm an arbitration award rendered January 8, 1998 in favor of petitioner and denied petitioner's application for a re-hearing made on the grounds that the award's language was indefinite, unanimously affirmed, without costs.
Jeffrey L. Kreisberg, for petitioner-appellant.
Elizabeth I. Freedman, for respondents-respondents.
Before: Williams, J.P., Mazzarelli, Ellerin, Wallach, Saxe, JJ.
The court properly granted the cross motion to dismiss the petition as academic (see, CPLR 3211[a][7], 404[a]), since respondents had fully and completely satisfied the arbitration award by compensating petitioner for her wrongful demotion. Further, as the parties had specified the boundaries of the arbitration to cover only petitioner's demotion, the court properly found that the arbitration clearly did not encompass the question of petitioner's later termination.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.