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MATTER OF WABST v. SCOPPETTA

56 A.D.3d 399 (2008)

867 N.Y.S.2d 332

In the Matter of WARREN WABST, Appellant, v. NICHOLAS SCOPPETTA, as Commissioner of the New York City Fire Department, et al., Respondents.

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

November 25, 2008.

The arbitrator's refusal to address petitioner's state law defenses to charges 9 and 10, based on his mistaken belief that he lacked jurisdiction, does not deprive the award of finality and definiteness (CPLR 7511 [b] [1] [iii]; see Matter of Meisels v Uhr, 79 N.Y.2d 526, 536 [1992]; Matter of Solow Bldg. Co. v Morgan Guar. Trust Co. of N.Y., 6 A.D.3d 356, 356-357 [2004], lv

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