Civil Procedure · MBE-tested

In the Matter of the Arbitration between Buffalo Sewer Authority, Appellant, and Buffalo Sewer Authority Unit, CSEA, Local 815, Respondent

112 A.D.2d 743·New York Supreme Court, Appellate Division·1985·NY

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Opinion

In the Matter of the Arbitration between Buffalo Sewer Authority, Appellant, and Buffalo Sewer Authority Unit, CSEA, Local 815, Respondent. [MAJORITY] Order and judgment unanimously affirmed, with costs. Memorandum: It is not against public policy for an arbitrator to award a civil service employee damages or extra compensation for past work performed out of title (see, Carter v Department of Correction, 92 AD2d 465, affd for reasons stated in mem at App Div 62 NY2d 670; Civil Service Law § 100 [1] [d]). (Appeal from order and judgment of Supreme Court, Erie County, Doyle, J. — confirm arbitration award.) Present — Callahan, J. P., Boomer, Green, Pine and Schnepp, JJ.