Organization of Staff Analysts v. City of New York

Appellate Division of the Supreme Court of New York

Organization of Staff Analysts v. City of New York

277 A.D.2d 23, 714 N.Y.S.2d 493, 2000 N.Y. App. Div. LEXIS 11035

Appellate Division of the Supreme Court of the State of New York·Decided November 2, 2000·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Harold Beeler, J.), entered on or about June 29, 1999, which dismissed the petition brought pursuant to CPLR article 75 to confirm an arbitration award rendered January 8, 1998 in favor of petitioner and denied petitioner’s application for a re-hearing made on the grounds that the award’s language was indefinite, unanimously affirmed, without costs.

The court properly granted the cross motion to dismiss the petition as academic (see, CPLR 3211 [a] [7]; 404 [a]), since respondents had fully and completely satisfied the arbitration award by compensating the employee represented by petitioner for her wrongful demotion. Further, as the parties had specified the boundaries of the arbitration to cover only the employee’s demotion, the court properly found that the arbitra[24] tion clearly did not encompass the question of the employee’s later termination. Concur — Williams, J. P., Mazzarelli, Ellerin, Wallach and Saxe, JJ.

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—Order, Supreme Court, New York County (Harold Beeler, J.), entered on or about June 29, 1999, which dismissed the petition brought pursuant to CPLR article 75 to confirm an arbitration award rendered January 8, 1998 in favor of petitioner and denied petitioner’s application for a re-hearing made on the grounds that the award’s language was indefinite, unanimously affirmed, without costs.

The court properly granted the cross motion to dismiss the petition as academic (see, CPLR 3211 [a] [7]; 404 [a]), since respondents had fully and completely satisfied the arbitration award by compensating the employee represented by petitioner for her wrongful demotion. Further, as the parties had specified the boundaries of the arbitration to cover only the employee’s demotion, the court properly found that the arbitra[24] tion clearly did not encompass the question of the employee’s later termination. Concur — Williams, J. P., Mazzarelli, Ellerin, Wallach and Saxe, JJ.

Organization of Staff Analysts v. City of New York, 277 A.D.2d 23, 714 N.Y.S.2d 493, 2000 N.Y. App. Div. LEXIS 11035 (N.Y. Ct. App. 2000).

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