Social Service Employees Union Local 371 Ex Rel. Opuoru v. City of New York

Appellate Division of the Supreme Court of New York

Social Service Employees Union Local 371 Ex Rel. Opuoru v. City of New York

127 A.D.3d 457, 4 N.Y.S.3d 525

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

DecidedApril 9, 2015

Docket14782 651849/13

StatusPublished

This text of 127 A.D.3d 457 (Social Service Employees Union Local 371 Ex Rel. Opuoru v. City of New York) 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

Social Service Employees Union Local 371 Ex Rel. Opuoru v. City of New York, 127 A.D.3d 457, 4 N.Y.S.3d 525 (N.Y. Ct. App. 2015).

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Opinion

Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about August 7, 2014, which denied the petition brought pursuant to CPLR article 75 to vacate an arbitration award, and granted respondents’ cross motion to confirm the award, unanimously affirmed, without costs.

*458 The arbitrator, who, upon remand from this Court (100 AD3d 422 [1st Dept 2012]), and pursuant to the stipulation of the parties, was to reconsider the penalty imposed on the employee, did not irrationally or clearly exceed his authority by upholding the penalty of termination imposed by respondents (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 91 [2010]).

Concur — Gonzalez, P.J., Mazzarelli, Saxe, Manzanet-Daniels and Clark, JJ.

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Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about August 7, 2014, which denied the petition brought pursuant to CPLR article 75 to vacate an arbitration award, and granted respondents’ cross motion to confirm the award, unanimously affirmed, without costs.

*458 The arbitrator, who, upon remand from this Court (100 AD3d 422 [1st Dept 2012]), and pursuant to the stipulation of the parties, was to reconsider the penalty imposed on the employee, did not irrationally or clearly exceed his authority by upholding the penalty of termination imposed by respondents (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 91 [2010]).

Concur — Gonzalez, P.J., Mazzarelli, Saxe, Manzanet-Daniels and Clark, JJ.

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Bluebook (online)

127 A.D.3d 457, 4 N.Y.S.3d 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/social-service-employees-union-local-371-ex-rel-opuoru-v-city-of-new-york-nyappdiv-2015.

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