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Tuesday, January 21, 2014

An arbitration award can be vacated if the award or order does not resolve the controversy submitted to the arbitrator


An arbitration award can be vacated if the award or order does not resolve the controversy submitted to the arbitrator
Westchester County Corr. Officers Benevolent Assn., Inc. v Cheverko, 2013 NY Slip Op 08451, Appellate Division, Second Department

The Westchester County Corr. Officers Benevolent Assn., Inc.filed a CPLR Article 75 petition seeking to confirm three arbitration awards in which the arbitrator ruled that three individuals [Officers] were entitled to benefits pursuant to General Municipal Law §207-c.*

Westchester County Department of Corrections Commissioner Kevin M. Cheverko appealed Supreme Court denial of his motion to vacate those awards.

The Appellate Division granted the Commissioner Cheverko’s appeal challenging the Supreme Court’s decision, explaining that an arbitration award is indefinite or nonfinal for purposes of CPLR §7511 and subject to vacatur "only if it leaves the parties unable to determine their rights and obligations, if it does not resolve the controversy submitted or if it creates a new controversy."

In this instance, explained the court, the arbitrator’s awards providing the three individuals with benefits pursuant to General Municipal Law §207-c were indefinite or nonfinal for purposes of CPLR§7511 “as they did not address whether each Officer sustained a disability.”

Reversing the order “insofar as appealed from,” the Appellate Division said that the matter was to be remitted to the arbitrator “for further proceedings and a determination as to whether each officer sustained a disability.”

* General Municipal Law §207-c provides for the payment of salary, wages, medical and hospital expenses of law enforcement personnel suffering injuries or illness incurred in the performance of their duties.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_08451.htm



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General Municipal Law§§ 207-a and 207-c - Disability Leave for fire, police and other public sector personnel - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://booklocker.com/books/3916.html
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Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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