Matter of Burke v Sobral
2015 NY Slip Op 02857 [127 AD3d 416]
April 2, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 3, 2015


[*1]
 In the Matter of Edmund Burke et al., Respondents,
v
Carlos Sobral, Appellant.

Arent Fox LLP, New York (Elliott M. Kroll of counsel), for appellant.

Sankel, Skurman & McCartin, LLP, New York (William F. McCartin of counsel), for respondents.

Appeal from order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered July 1, 2014, confirming the Arbitrator's partial final award, dated August 6, 2013, and the final award, dated December 31, 2013, deemed an appeal from the judgment, same court and Justice, entered August 12, 2014, awarding petitioners Edmund and Suzanne D. Burke $2,003,290.33, and so considered, the judgment unanimously affirmed, without costs.

Contrary to respondent's claim, the arbitrator did not exceed his power (see CPLR 7511 [b] [1] [iii]). The finding of liability was not "totally irrational" (Matter of Port Auth. of N.Y. & N.J. v Local Union No. 3, Intl. Bhd. of Elec. Workers, 117 AD3d 424 [1st Dept 2014] [internal quotation marks omitted], lv denied 24 NY3d 916 [2015]), nor did it ignore the provisions of the parties' operating agreement. Concur—Mazzarelli, J.P., Sweeny, DeGrasse, Feinman and Gische, JJ.