IN RE: John P. McBRIDE (2008)

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered May 25, 2007, confirming an arbitration award in petitioner's favor in the principal amount of $856,646.60 and denying respondent's cross motion to vacate the award, unanimously affirmed, with costs.   Appeal from order, same court and Justice, entered on or about April 18, 2007, which directed the aforesaid judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Respondent failed to demonstrate that the arbitrator's award violated strong public policy, was irrational, or exceeded specifically enumerated powers (Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308, 473 N.Y.S.2d 774, 461 N.E.2d 1261 [1984] ).   The arbitrator's finding that petitioner's conduct did not warrant termination under the “for cause” provision of the parties' shareholder agreement is rationally based on the evidence.   The arbitrator did not act irrationally or exceed his powers in fashioning an award of damages for wrongful termination based on undisputed evidence concerning the value of petitioner's shares (see Azrielant v. Azrielant, 301 A.D.2d 269, 752 N.Y.S.2d 19 [2002], lv. denied 99 N.Y.2d 509, 760 N.Y.S.2d 100, 790 N.E.2d 274 [2003];  Integrated Sales v. Maxell Corp. of Am., 94 A.D.2d 221, 463 N.Y.S.2d 809 [1983] ).   The award does not violate public policy (see Matter of New York State Correctional Officers & Police Benevolent Assn. v. State of New York, 94 N.Y.2d 321, 327-328, 726 N.E.2d 462 [1999] ), nor constitute an unconscionable windfall for petitioner.