Matter of Wabst v Scoppetta

Matter of Wabst v Scoppetta 2008 NY Slip Op 09291 [56 AD3d 399] November 25, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

In the Matter of Warren Wabst, Appellant,
v
Nicholas Scoppetta, as Commissioner of the New York City Fire Department, et al., Respondents.

—[*1] Gordon, Gordon & Schnapp, P.C., New York (Kenneth E. Gordon of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Alan G. Krams of counsel), for respondents.

Order and judgment (one paper), Supreme Court, New York County (Edward H. Lehner, J.), entered February 4, 2008, to the extent appealed from, denying petitioner's application to vacate that portion of an arbitration award, dated November 16, 2006, which upheld certain disciplinary charges, unanimously affirmed, without costs.

The arbitrator's refusal to address petitioner's state law defenses to charges 9 and 10, based on his mistaken belief that he lacked jurisdiction, does not deprive the award of finality and definiteness (CPLR 7511 [b] [1] [iii]; see Matter of Meisels v Uhr, 79 NY2d 526, 536 [1992]; Matter of Solow Bldg. Co. v Morgan Guar. Trust Co. of N.Y., 6 AD3d 356, 356-357 [2004], lv denied 3 NY3d 605 [2004], cert denied 543 US 1148 [2005]; Purpura v Bear Stearns Cos., 238 AD2d 216 [1997], lv denied 90 NY2d 806 [1997]). Concur—Mazzarelli, J.P., Friedman, Nardelli, Buckley and Freedman, JJ.