In re O'Rourke

Appellate Division of the Supreme Court of New York

In re O'Rourke

283 A.D. 1014, 131 N.Y.S.2d 240, 1954 N.Y. App. Div. LEXIS 6137

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 4, 1954

StatusPublished

This text of 283 A.D. 1014 (In re O'Rourke) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re O'Rourke, 283 A.D. 1014, 131 N.Y.S.2d 240, 1954 N.Y. App. Div. LEXIS 6137 (N.Y. Ct. App. 1954).

Pincite

Opinion

This arbitration did not proceed on precise or clearly defined issues but took the form of working out a complete labor agreement. It is doubtful, therefore, that the arbitrator exceeded his authority. Inasmuch as the appellants have stipulated in open court, however, to delete from the arbitrator’s award the portion which the union found objectionable in its motion to vacate the award, we need not pass upon the propriety of the provision. Certainly this provision may be deleted under section 1462-a of the Civil Practice Act [1015]*1015without otherwise affecting the merits of the award. Order unanimously modified so as to delete the part of the award to which exception has been taken and, as so modified, the award is confirmed, without costs. Settle order on notice. Present — Peck, P. J., Cohn, Breitel, Bastow and Botein, JJ.

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This arbitration did not proceed on precise or clearly defined issues but took the form of working out a complete labor agreement. It is doubtful, therefore, that the arbitrator exceeded his authority. Inasmuch as the appellants have stipulated in open court, however, to delete from the arbitrator’s award the portion which the union found objectionable in its motion to vacate the award, we need not pass upon the propriety of the provision. Certainly this provision may be deleted under section 1462-a of the Civil Practice Act [1015]*1015without otherwise affecting the merits of the award. Order unanimously modified so as to delete the part of the award to which exception has been taken and, as so modified, the award is confirmed, without costs. Settle order on notice. Present — Peck, P. J., Cohn, Breitel, Bastow and Botein, JJ.

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Bluebook (online)

283 A.D. 1014, 131 N.Y.S.2d 240, 1954 N.Y. App. Div. LEXIS 6137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-orourke-nyappdiv-1954.