IN RE: the Arbitration between NEW YORK STATE NURSES ASSOCIATION (1999)

Order and judgment (one paper), Supreme Court, New York County (Paula Omansky, J.), entered March 9, 1998, dismissing the petition to vacate an arbitrator's award and granting respondent's cross petition to confirm the award, unanimously affirmed, without costs.

 The subject arbitral award was properly confirmed since petitioner failed to establish the existence of any of the grounds for vacatur set forth in CPLR 7511.   Those grounds are the exclusive bases for vacatur of an arbitral award (Hackett v. Milbank, Tweed, Hadley & McCloy, 86 N.Y.2d 146, 154, 630 N.Y.S.2d 274, 654 N.E.2d 95), and provide no authority for the review petitioner would have us undertake of legal and factual matters properly submitted to and determined in arbitration.   Where, as here, issues have been properly placed before an arbitrator, “questions of law and fact are merged in the award and are not within the power of the judiciary to resolve” (Matter of Binghamton Civ. Serv. Forum v. City of Binghamton, 44 N.Y.2d 23, 28, 403 N.Y.S.2d 482, 374 N.E.2d 380;  accord, North Syracuse Central School Dist. v. North Syracuse Education Assn., 45 N.Y.2d 195, 200, 408 N.Y.S.2d 64, 379 N.E.2d 1193).

MEMORANDUM DECISION.