ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

February 02, 2023

Concerning confirming or vacating an arbitration award

Noting that judicial review of arbitration awards is limited, the Appellate Division indicated an arbitration award would be vacated:

1. When the arbitrator's award is "so imperfectly executed ... that a final and definite award upon the subject matter submitted was not made"; or

2. When the arbitration award is indefinite or nonfinal for purposes of CPLR §7511 because:

            a. it does not dispose of a particular issue raised by the parties; or

            b. it leaves the parties unable to determine their rights and obligations; or

            c. it does not resolve the controversy submitted; or

            d. it creates a new controversy;

Citing Union-Endicott Cent. Sch. Dist. v Peters, 123 AD3d 1198; Matter of Rochester City School Dist. [Rochester Teachers Assn. NYSUT/AFT-AFL/CIO], 38 AD3d 1152, and Matter of Civil Serv. Empls. Assn. v County of Nassau, 305 AD2d 498, the Appellate Division explained that in this instance the arbitrator denied the contract grievance in full, resolving the stipulated issue of whether the County violated the collective bargaining agreement, and held "the Supreme Court properly confirmed the original arbitration award as it was not indefinite or nonfinal, and it completely disposed of the issue before the arbitrator."

Further, opined the Appellate Division, arbitrators are without power to render a new award or to modify an original award, except as provided in CPLR 7509" although an arbitrator may modify an award, inter alia,* where "the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted."

*Among other things.

Click HERE to access the Appellate Division's decision posted on the Internet.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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