| Matter of Weinshall v Marine Engineers' Beneficial Assn. |
| 2008 NY Slip Op 02192 [49 AD3d 340] |
| March 13, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Iris Weinshall, as Commissioner of the New York
City Department of Transportation, et al., Appellants, v Marine Engineers' Beneficial Association et al., Respondents. |
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Tabak, Mellusi & Shisha, New York City (Jacob Shisha of counsel), for
respondents.
Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered October 17, 2006, confirming an arbitrator's reinstatement of respondent Lupo with compensation for the period since his termination of employment as a mate on the Staten Island Ferry, unanimously affirmed, without costs.
"An arbitration award must be upheld when the arbitrator 'offer[s] even a barely colorable justification for the outcome reached' " (Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 479 [2006], cert dismissed — US —, 127 S Ct 34 [2006]). Clear evidence supports the arbitrator's decision.
A public policy the violation of which warrants vacatur of an arbitration award must entail "strong and well-defined policy considerations embodied in constitutional, statutory or common law [that] prohibit a particular matter from being decided or certain relief from being granted by an arbitrator" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 327 [1999]). Based on the practices in effect at the time, and the lack of clarity or training in connection with the directive in question, the IAS court properly confirmed the arbitrator's award. [*2]
We have considered petitioners' remaining arguments and find them unavailing. Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ. [See 13 Misc 3d 1216(A), 2006 NY Slip Op 51850(U).]