Appellate Division of the Supreme Court of New York, 1990

Dechamps v. Sweet Home Central School District

Dechamps v. Sweet Home Central School District
Appellate Division of the Supreme Court of New York · Decided February 2, 1990
158 A.D.2d 937; 551 N.Y.S.2d 431; 1990 N.Y. App. Div. LEXIS 1448
Dechamps v. Sweet Home Central School District

Opinion of the Court

An arbitration award may be vacated on the ground that the arbitrator “exceeded his power” (CPLR 7511 [b] [1] [iii]) but his determination will not be set aside on that ground unless it is “ ’completely irrational’ ” (Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578, 582; see also, Matter of National Cash Register Co. [Wilson], 8 NY2d 377, 383). We conclude that, on this record, the arbitrator’s award cannot be said to be ” ’completely irrational’ ”. (Appeal from order of Supreme Court, Erie County, Francis, J. — vacate arbitrator’s award.) Present — Dillon, P. J., Denman, Green, Lawton and Davis, JJ.

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