Matter of Cortale

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentJan 26, 1987
126 A.D.2d 723 (N.Y. App. Div. 1987)

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January 26, 1987

Appeal from the Supreme Court, Suffolk County (D'Amaro, J.).

Ordered that the order is reversed, on the law, with costs, the petition is dismissed, the cross motion is granted, and the award is confirmed.

In vacating the arbitration award which terminated the petitioner's employment and denying the cross motion, inter alia, to confirm the award, the court improperly substituted its view of the law and facts for that of the Arbitrator's (see, Matter of Civil Serv. Employees Assn. v. Lombard, 50 A.D.2d 708, affd 41 N.Y.2d 915). It is well established that absent complete irrationality or a violation of public policy, arbitration awards will be upheld by the courts and errors of law or fact committed by the Arbitrator do not constitute grounds for vacatur of arbitration awards (see, Matter of Allen [New York State], 53 N.Y.2d 694; Board of Educ. v. Yonkers Fedn. of Teachers, 46 N.Y.2d 727; Matter of Sprinzen [Nomberg], 46 N.Y.2d 623; Matter of Professional Staff Congress v. Board of Higher Educ., 39 N.Y.2d 319; Lentine v. Fundaro, 29 N.Y.2d 382). Bracken, J.P., Lawrence, Eiber and Spatt, JJ., concur.