Matter of Leslie Dowleyne v New York City Transit Authority

Matter of Dowleyne v New York City Tr. Auth. 2004 NY Slip Op 05560 [3 NY3d 633] June 29, 2004 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 13, 2004

[*1] In the Matter of Leslie Dowleyne et al., Appellants,
v
New York City Transit Authority, Respondent.

Decided June 29, 2004

Matter of Dowleyne v New York City Tr. Auth., 309 AD2d 583, reversed.

APPEARANCES OF COUNSEL

Kennedy, Schwartz & Cure, P.C., New York City (Arthur Z. Schwartz and Elizabeth M. Pilecki of counsel), for appellants.

Richard Schoolman, Brooklyn, for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the judgment of [*2]Supreme Court confirming the arbitration award reinstated, with costs.

The Appellate Division's vacatur cannot stand because it improperly substituted its factual finding for that of a majority of the arbitration panel.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and judgment of Supreme Court, New York County, reinstated, in a memorandum.