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MATTER OF MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY v. TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100

2008-06462.

67 A.D.3d 683 (2009)

886 N.Y.S.2d 908

2009 NY Slip Op 08013

In the Matter of MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Appellant, v. TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 4, 2009.

Ordered that the order is reversed, on the law, with costs, the petition to vacate the award is granted, the cross petition to confirm the award is denied, and the arbitration award is vacated.

The arbitrator exceeded his authority in modifying the original arbitration award by reaching the merits of an issue which he had deemed uncontested in the original award (see CPLR 7509, 7511 [c]). Accordingly, the arbitrator "went beyond correcting a miscalculation...

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