In re the Arbitration between Allen & State

Appellate Division of the Supreme Court of New York

In re the Arbitration between Allen & State

73 A.D.2d 963, 424 N.Y.S.2d 258, 1980 N.Y. App. Div. LEXIS 9898

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

DecidedJanuary 28, 1980

StatusPublished

This text of 73 A.D.2d 963 (In re the Arbitration between Allen & State) 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 the Arbitration between Allen & State, 73 A.D.2d 963, 424 N.Y.S.2d 258, 1980 N.Y. App. Div. LEXIS 9898 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a proceeding, inter alia, to vacate an arbitration award, the appeal is from a judgment of the Supreme Court, Richmond County, dated April 12, 1979, which granted the application. Judgment reversed, on the law, without costs or disbursements, arbitrator’s award reinstated and proceeding dismissed. The arbitrator did not exceed his powers in permitting the State, at the outset of the hearing, to amend [964]*964the penalty sought to be imposed. Although the collective bargaining agreement did not specifically empower the arbitrator to permit amendment of the proposed penalty, it did provide the arbitrator with broad discretion in fashioning the appropriate penalty once a finding of misconduct was made. Since the arbitrator could have imposed the penalty of termination at the conclusion of the hearing, it cannot be said that by allowing such amendment at the commencement of the hearing, he construed the contractual provisions in such an irrational manner as to warrant our setting aside the award. Furthermore, the statements which were submitted to the arbitrator after the close of the hearing were at most corroborative and cumulative. While prejudice is claimed, none has been shown. Mangano, J. P., Rabin, Gulotta and Hargett, JJ., concur.

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In a proceeding, inter alia, to vacate an arbitration award, the appeal is from a judgment of the Supreme Court, Richmond County, dated April 12, 1979, which granted the application. Judgment reversed, on the law, without costs or disbursements, arbitrator’s award reinstated and proceeding dismissed. The arbitrator did not exceed his powers in permitting the State, at the outset of the hearing, to amend [964]*964the penalty sought to be imposed. Although the collective bargaining agreement did not specifically empower the arbitrator to permit amendment of the proposed penalty, it did provide the arbitrator with broad discretion in fashioning the appropriate penalty once a finding of misconduct was made. Since the arbitrator could have imposed the penalty of termination at the conclusion of the hearing, it cannot be said that by allowing such amendment at the commencement of the hearing, he construed the contractual provisions in such an irrational manner as to warrant our setting aside the award. Furthermore, the statements which were submitted to the arbitrator after the close of the hearing were at most corroborative and cumulative. While prejudice is claimed, none has been shown. Mangano, J. P., Rabin, Gulotta and Hargett, JJ., concur.

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Bluebook (online)

73 A.D.2d 963, 424 N.Y.S.2d 258, 1980 N.Y. App. Div. LEXIS 9898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-allen-state-nyappdiv-1980.