MATTER OF DIAZ v. PILGRIM STATE PSYCHIATRIC CTR. OF THE STATE OF NEW YORK


62 N.Y.2d 693 (1984)

In the Matter of Luis F. Diaz, Appellant, v. Pilgrim State Psychiatric Center of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided May 3, 1984.


Attorney(s) appearing for the Case

August J. Ginocchio and Joseph F. O'Neill for appellant.

Robert Abrams, Attorney-General (John Q. Driscoll and Peter H. Schiff of counsel), for Pilgrim State Psychiatric Center of the State of New York, respondent.

Michael J. Smith and James W. Roemer, Jr., for Civil Service Employees Association, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

While the Appellate Division was in error in holding that the petitioner had no standing to bring a proceeding to vacate the arbitration award, an award may not be vacated unless violative of public policy or wholly irrational. It cannot be said that the arbitrator's procedural resolution of the issue concerning compliance with the contractual...

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