IN RE: PATROLMEN'S BENEVOLENT ASSOCIATION OF the CITY OF NEW YORK (2007)

Supreme Court, Appellate Division, First Department, New York.

IN RE: PATROLMEN'S BENEVOLENT ASSOCIATION OF the CITY OF NEW YORK, INC., et al., Petitioners-Appellants, v. DISTRICT COUNCIL 37, AFSCME, AFL-CIO, et al., Respondents-Respondents, Maurice C. Benewitz, etc., Respondent.

Decided: March 27, 2007

MAZZARELLI, J.P., SAXE, MARLOW, McGUIRE, KAVANAGH, JJ.

Gleason, Dunn, Walsh & O'Shea, Albany (Ronald G. Dunn of counsel), for appellants. Eddie M. Demmings, New York (Mary J. O'Connell of counsel), for District Council 37, AFSCME, AFL-CIO, respondent. Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for municipal respondents.

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered January 17, 2006, confirming the arbitrator's award, dated September 2, 2004, and dismissing the petition seeking the award's vacatur, unanimously affirmed, without costs.

The court properly found that petitioners, nonparties to the arbitration between District Council 37 and the City of New York, were without standing, either under statute or common law, to seek vacatur of the award rendered as a result of that arbitration (see CPLR 7511; Matter of Buffalo Bd. of Educ. [AFSCME Local 264, Professional, Clerical & Tech. Empls. Assn.], 270 A.D.2d 814, 706 N.Y.S.2d 791 [2000]; and see Matter of MFY Legal Servs. v. Dudley, 67 N.Y.2d 706, 708, 499 N.Y.S.2d 930, 490 N.E.2d 849 [1986] ). Petitioners' claims of harm were too speculative to give rise to a cognizable interest, especially since there has been no suggestion that any of their members would be laid off or demoted as a result of the award (see Matter of Intl. Assn. of Bridge, Structural & Ornamental Ironworkers, Local Union No. 6, AFL-CIO v. State of New York, 280 A.D.2d 713, 719 N.Y.S.2d 773 [2001] ).

We have considered petitioners' remaining contentions and find them unavailing.

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