Skip to content

Matter of Transport Workers Union of Greater N.Y., Local 100, AFL-CIO v New York City Tr. Auth., 2017 NY Slip Op 05229 [151 AD3d 1067]

June 28, 2017

Appellate Division, Second Department

[*1]

In the Matter of Transport Workers Union of Greater New York, Local 100, AFL-CIO, et al., Appellants,

v

New York City Transit Authority, Respondent.

Jade Morrison, Brooklyn, NY (Richard Soto of counsel), for appellants.

James B. Henly, Brooklyn, NY (Mariel A. Thompson of counsel), for respondent.

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioners appeal from an order of the Supreme Court, Kings County (Jimenez-Salta, J.), dated November 6, 2015, which denied the petition and confirmed the award.

Ordered that the order is affirmed, with costs.

Although judicial review of arbitration awards is limited ( see Matter of Westchester County Correction Officers Benevolent Assn., Inc. v County of Westchester , 81 AD3d 966 , 967 [2011]), an award will be vacated when the arbitrator making the award “so imperfectly executed it that a final and definite award upon the subject matter submitted was not made” (CPLR 7511 [b] [1] [iii]; see Matter of Andrews v County of Rockland , 120 AD3d 1227 , 1228 [2014]). An award will be vacated as indefinite or nonfinal for purposes of CPLR 7511 if it does not “dispose of a particular issue raised by the parties” ( Hamilton Partners v Singer , 290 AD2d 316, 316 [2002]; see Matter of Andrews v County of Rockland , 120 AD3d at 1228), or “ ’if it leaves the parties unable to determine their rights and obligations, if it does not resolve the controversy submitted or if it creates a new controversy’ ” ( Matter of Westchester County Corr. Officers Benevolent Assn., Inc. v Cheverko , 112 AD3d 840 , 841 [2013], quoting Matter of Meisels v Uhr , 79 NY2d 526, 536 [1992]).

Here, contrary to the petitioners’ contention, the arbitrator’s award did not leave any matter submitted by the parties open for future contention, and thus, it was definite and final ( see Matter of Civil Serv. Empls. Assn. v County of Nassau , 305 AD2d 498, 499 [2003]; Matter of Nationwide Mut. Ins. Co. v Steiner , 227 AD2d 563, 564 [1996]; cf. Matter of Delaney Group, Inc. [Holmgren Enters., Inc.] , 126 AD3d 1212 , 1216 [2015]).

The petitioners’ remaining contentions are without merit. Chambers, J.P., Miller, Maltese and Duffy, JJ., concur..