Social Servs. Empls. Union, Local 371 v City of New York

Social Servs. Empls. Union, Local 371 v City of New York 2008 NY Slip Op 00362 [47 AD3d 498] January 22, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 12, 2008

Social Services Employees Union, Local 371, Appellant,
v
City of New York et al., Respondents.

—[*1] Kreisberg & Maitland, LLP, New York City (Jeffrey L. Kreisberg of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Sharyn Rootenberg of counsel), for respondents.

Judgment, Supreme Court, New York County (Debra A. James, J.), entered October 17, 2006, granting respondents' cross motion to dismiss petitioner's application to vacate an arbitration award on the ground that the arbitrator exceeded his powers, dismissing the petition, and confirming the award that dismissed petitioner's grievance for failure to comply with the parties' collective bargaining agreement (CBA) by not timely filing for arbitration, unanimously affirmed, without costs.

Petitioner failed to identify in the arbitration clause of the CBA a limitation on the arbitrator's authority to determine compliance with the time constraints set forth in the CBA for proceeding through the four steps of the grievance procedure (see Matter of Silverman [Benmor Coats], 61 NY2d 299, 302-303 [1984]; Matter of Enlarged City School Dist. of Troy [Troy Teachers Assn.], 69 NY2d 905, 907 [1987]). Concur—Lippman, P.J., Saxe, Nardelli, Williams and Moskowitz, JJ.