Matter of Social Servs. Empls. Union, Local 371 v City of N.Y., Dept. of Juvenile Justice, 2011 NY Slip Op 02455 [82 AD3d 644]

March 29, 2011

Appellate Division, First Department

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Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for appellant.

Kreisberg & Maitland, LLP, New York (Jeffrey L. Kreisberg of counsel), for respondent.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered May 18, 2009, which granted the petition to confirm an arbitration award reinstating petitioner’s member Bowana Robinson to his position as an institutional aide at the City of New York’s Department of Juvenile Justice and awarding him back pay and seniority, and denied respondent’s cross motion to vacate the award, unanimously reversed, on the law, without costs, the petition denied, the cross motion granted, and the matter remanded to the arbitrator for a determination of an appropriate penalty.

The arbitrator’s failure to give preclusive effect to Robinson’s guilty plea of petit larceny was irrational ( see Matter of State of N.Y. Off. of Mental Health [New York State Correctional Officers & Police Benevolent Assn., Inc.] , 46 AD3d 1269 , 1271 [2007], lv dismissed 10 NY3d 826 [2008]). The arbitrator’s award places Robinson back into a position where he has the responsibility to voucher property of individuals being brought into a juvenile facility ( see City School Dist. of City of N.Y. v Campbell , 20 AD3d 313 [2005]). Concur—Mazzarelli, J.P., Saxe, Renwick and DeGrasse, Richter JJ..