In re the Arbitration between Erie County Sheriff's Police Benevolent Ass'n & County of Erie

Majority

p. 857

In the Matter of the Arbitration between Erie County Sheriff’s Police Benevolent Association, Inc., Respondent-Appellant, and County of Erie et al., Petitioners-Respondents.

[750 NYS2d 544]

Appeal from an order of Supreme Court, Erie

p. 858

County (Sconiers, J.), entered February 22, 2002, which denied the petition seeking to vacate an arbitrator’s award and granted the cross petition seeking to confirm the award.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied the petition seeking to vacate the arbitrator’s award and granted the cross petition seeking to confirm the award. Petitioner did not meet its “heavy burden of demonstrating that the arbitrator’s award is Violative of a strong public policy * * * [or] totally irrational or clearly exceeds a specifically enumerated limitation on the arbitrator’s power’ ” (Matter of Obot [New York State Dept. of Correctional Servs.], 224 AD2d 1006 , 1006, affd 89 NY2d 883 , quoting Matter of Town of Callicoon [Civil Serv. Empls. Assn., Town of Callicoon Unit], 70 NY2d 907 , 909; see Matter of County of Steuben [Civil Serv. Employees’ Assn., Local 1000, AFSCME AFL-CIO], 292 AD2d 810 , 811, lv denied 98 NY2d 606 ). Present — Wisner, J.P., Hurlbutt, Scudder, Gorski and Lawton, JJ.

Cases cited

In re the Arbitration between Obot 224 AD2d 1006 N.Y. App. Div. 1996-02-02 at 1006 p. 858
In re the Arbitration between Obot & New York State Department of Correctional Services 89 NY2d 883 N.Y. 1996-12-19 p. 858
In re the Arbitration between Town of Callicoon & Civil Service Employees Ass'n 70 NY2d 907 N.Y. 1987-12-21 at 909 p. 858
In re the Arbitration between County of Steuben & Civil Service Employees' Ass'n, Local 1000 292 AD2d 810 N.Y. App. Div. 2002-03-15 at 811 p. 858