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MATTER OF SEC. UNIT EMPLOYEES v. STATE OF NEW YORK, DEP'T OF CORR. SERVS.

236 A.D.2d 546 (1997)

654 N.Y.S.2d 628

In the Matter of Security Unit Employees, Petitioner, and Dwayne Holman, Appellant, v. State of New York, Department of Correctional Services, Respondent

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

February 18, 1997

Ordered that the order is affirmed, with costs.

The petitioner's contention that there was misconduct by the arbitrator in making the award is raised for the first time on appeal and, as such, shall not be considered (see, Matter of All-state Ins. Co. v Bieder, 212 A.D.2d 693, 694).

While the arbitrator apparently failed to adhere to the contractual time limitation for issuing an award, there was no prejudice...

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