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MATTER OF OSBECK v. WESTCON, INC.

284 A.D.2d 469 (2001)

726 N.Y.S.2d 859

In the Matter of THOMAS OSBECK, Appellant, v. WESTCON, INC., et al., Respondents.

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

Decided June 18, 2001.

Ordered that the order is affirmed, with costs.

We affirm the order vacating the arbitration award for reasons other than those asserted by the Supreme Court. The determination of the Supreme Court was based upon its interpretation of contract provisions and its determination that the arbitrator's findings were insufficient. Such reasoning, which "second-guesses" the factual findings and legal conclusions of the arbitrator, was improper (see, Matter of Troy Police...

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