MATTER OF ASSET PROTECTION & SEC. SERVS., LP v. SERVICE EMPLS. INTL. UNION, LOCAL 200 UNITED

No. 215 SSM 29.

19 N.Y.3d 1009 (2012)

976 N.E.2d 233

951 N.Y.S.2d 706

2012 NY Slip Op 6108

In the Matter of ASSET PROTECTION & SECURITY SERVICES, LP, Respondent, v. SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 200 UNITED, Appellant.

Court of Appeals of New York.

Decided September 11, 2012.


Attorney(s) appearing for the Case

Drew Blanton , Rochester, for appellant.

Anspach Meeks Ellenberger, LLP, Buffalo ( Steven E. Carr and Matthew K. Pelkey of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the petition to vacate the arbitrator's award dismissed, and the cross petition to confirm the arbitrator's award granted in the entirety.

Petitioner failed to meet its heavy burden to establish that the arbitrator exceeded his authority by ordering petitioner to reinstate grievant...

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