Appellate Division of the Supreme Court of New York, 2004

MacDonald v. City of New Rochelle

Appellate Division of the Supreme Court of New York · Decided December 20, 2004

13 A.D.3d 537; 786 N.Y.S.2d 318; 2004 N.Y. App. Div. LEXIS 15597

Cases that cite this one

5 later published cases cite this decision.

Matter of Papa v. DePaola (Appellate Division of the Supreme Court of New York 2019)
Matter of Delora v. Edge Community Apts. (Appellate Division of the Supreme Court of New York 2019)
Matter of T & C Home Design, LLC v. Stylecraft Corp. (Appellate Division of the Supreme Court of New York 2016)
DeRaffele Manufacturing Co. v. Kaloakas Management Corp. (Appellate Division of the Supreme Court of New York 2008)
Teamsters Local 814 Welfare v. County Van Lines, Inc. (Appellate Division of the Supreme Court of New York 2008)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In a proceeding pursuant to CPLR article 75 to confirm an arbitration award, dated May 21, 2002, which awarded the petitioner benefits pursuant to General Municipal Law § 207-a, the City of New Rochelle appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (LaCava, J.), entered July 16, 2003, which granted the petition and denied its application to vacate the award.

Ordered that the order and judgment is affirmed, with costs.

A court will vacate an arbitration award only where the award is violative of public policy, is irrational, or exceeds a specifically-enumerated limitation on the arbitrator’s power (see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 79 [2003]; Matter of Silverman [Benmor Coats], 61 NY2d 299, 308 [1984]).

Contrary to the appellant’s contention, the Supreme Court properly granted the petition to confirm the award and denied its application to vacate the award. The arbitrator did not exceed his authority, and the award was neither irrational nor violative of public policy (see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., supra). Florio, J.P., Schmidt, Adams and Cozier, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.