In re the Arbitration between Buffalo Teachers Federation, Inc. & Board of Education of Buffalo City School District
Opinion of the Court
Appeal from an order (denominated judgment) of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered August 8, 2008 in a proceeding pursuant to CPLR article 75. The order, inter alia, granted the petition seeking to vacate an arbitration award.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the petition is denied, the cross petition is granted and the arbitration award is confirmed.
Memorandum: Respondent appeals from an order in this CPLR article 75 proceeding that, inter alia, granted the petition seeking to vacate an arbitration award and denied its cross petition to confirm the award. We reverse. Contrary to petitioner’s contention, the arbitration award was not irrational, inasmuch as it cannot be said that “there is no proof whatever to justify the award” (Matter of Buffalo Teachers Fedn., Inc. v Board of Educ. of City School Dist. of, 50 AD3d 1503, 1505 [2008], lv denied 11 NY3d 708 [2008] [internal quotation marks omitted]). Indeed, “[a]n arbitration award must be upheld when the arbitrator ‘offer[s] even a barely colorable justification for the outcome reached’ ” (Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 479 [2006], cert dismissed 548 US 940 [2006]; see also Buffalo Teachers Fedn., Inc., 50 AD3d at 1505). Here, the arbitrator determined that, although respondent violated its
Case-law data current through December 31, 2025. Source: CourtListener bulk data.