Matter of Board of Educ. of the City Sch, Dist. of the City of New York (DOE) v. United Fedn. of Teachers

Appellate Division of the Supreme Court of New York

Matter of Board of Educ. of the City Sch, Dist. of the City of New York (DOE) v. United Fedn. of Teachers

137 A.D.3d 484, 26 N.Y.S.3d 465

Appellate Division of the Supreme Court of the State of New York·Decided March 8, 2016·No. 416 451028/13·Published

Opinion

Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered June 23, 2014, which granted the petition to vacate a supplemental arbitration award, and denied respondents’ motion to dismiss the petition and “cross motion” to confirm the supplemental award, unanimously affirmed, without costs.

The court properly vacated the supplemental arbitration award because the parties failed to comply with the procedure set forth in CPLR 7509 (Matter of Bianchi [Katz], 111 AD3d 1012, 1013 [3d Dept 2013]; Melun Indus., Inc. v Strange, 898 F Supp 995, 1001 [SD NY 1992]), and the standard for modification under CPLR 7511 (c) was not met (Matter of New Paltz Cent. School Dist. [New Paltz United Teachers], 99 AD2d 907 [3d Dept 1984]).

In addition, the arbitrator exceeded his powers by “rendering wholly new determinations on matters not addressed in the original award” (Matter of Outback Steakhouse, Inc. v Contracting Mgt., Inc., 58 AD3d 855, 855 [2d Dept 2009]).

*485 We have considered the parties’ remaining arguments and find them unavailing.

Concur—Friedman, J.P., Acosta, Renwick and Richter, JJ.

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Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered June 23, 2014, which granted the petition to vacate a supplemental arbitration award, and denied respondents’ motion to dismiss the petition and “cross motion” to confirm the supplemental award, unanimously affirmed, without costs.

The court properly vacated the supplemental arbitration award because the parties failed to comply with the procedure set forth in CPLR 7509 (Matter of Bianchi [Katz], 111 AD3d 1012, 1013 [3d Dept 2013]; Melun Indus., Inc. v Strange, 898 F Supp 995, 1001 [SD NY 1992]), and the standard for modification under CPLR 7511 (c) was not met (Matter of New Paltz Cent. School Dist. [New Paltz United Teachers], 99 AD2d 907 [3d Dept 1984]).

In addition, the arbitrator exceeded his powers by “rendering wholly new determinations on matters not addressed in the original award” (Matter of Outback Steakhouse, Inc. v Contracting Mgt., Inc., 58 AD3d 855, 855 [2d Dept 2009]).

*485 We have considered the parties’ remaining arguments and find them unavailing.

Concur—Friedman, J.P., Acosta, Renwick and Richter, JJ.

Matter of Board of Educ. of the City Sch, Dist. of the City of New York (DOE) v. United Fedn. of Teachers, 137 A.D.3d 484, 26 N.Y.S.3d 465 (N.Y. Ct. App. 2016).

Pincite

137 A.D.3d 484 (Matter of Board of Educ. of the City Sch, Dist. of the City of New York (DOE) v. United Fedn. of Teachers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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