Majority
p. 982In the Matter of Monroe County Deputy Sheriff’s Local 2964, Council 82, American Federation of State, County and Municipal Employees, AFL-CIO, Appellant, v County of Monroe et al., Respondents.
— Order unanimously, reversed, with costs, and petitioner’s motion granted. Memorandum: The arbitrator’s award should not have been vacated because she did not exceed her authority (see CPLR 7511, subd [b], par 1, cl [iii]) and her decision was not wholly irrational (see Matter of Allen [New York State], 53 NY2d 694 , 696; Central Sq. Teachers Assn. v Board of Educ., 52 NY2d 918 , 919). Questions regarding whether there has been compliance with procedural stipulations which the parties have collectively agreed to follow during arbitration, and the consequences of noncompliance are for resolution by the
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arbitrator (see Matter of County of Rockland \Primiano Constr. Co.], 51 NY2d I, 8-9). (Appeal from order of Supreme Court, Monroe County, John J. Conway, J. — arbitration.) Present — Dillon, P. J., Hancock, Jr., Green, O’Donnell and Schnepp, JJ.
Cases cited
- In re the Arbitration between Allen & New York State 53 NY2d 694 at 696 p. 982
- Central Square Teachers Ass'n v. Board of Education 52 NY2d 918 at 919 p. 982