YONKERS POLICE CAPTAINS v. CITY OF YONKERS (2025)

The following paper numbered 1 was read on this motion:

Paper Number

Notice of Petition, Petition and Exhibits 1

Petitioner brings its petition seeking a judgment pursuant to CPLR § 7510 confirming the award of the arbitrator and directing that judgment be entered thereon. Despite respondent's counsel having requested, and received, an adjournment of this petition, respondent nonetheless failed to file any opposition.

This is likely because a review of the arbitrator's award shows that there is no basis on which the Court should deny the petition. “Judicial review of an arbitration award is extremely limited. Outside of the narrowly circumscribed exceptions of CPLR 7511, courts lack authority to review arbitral decisions, even where an arbitrator has made an error of law or fact. An award is irrational only where there is no proof whatever to justify the award. Moreover, that showing must be made by clear and convincing evidence.” Zar v. Yaghoobzar, 161 AD3d 815, 817, 76 N.Y.S.3d 625, 628 (2d Dept. 2018).

As no such showing has been made here, the petition is granted. The Court notes that it appears that respondent has complied with at least some part of the arbitrator's award.

The foregoing constitutes the decision and order of the Court.

Linda S. Jamieson, J.