Ordered that the order is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, and the arbitration award is reinstated.
The absence of an agreement to arbitrate is not a basis upon which a party who participated in the arbitration may seek to have the resulting award vacated ( see, Rochester City School Dist. v. Rochester Teachers Assn., 41 N.Y.2d 578, 583; Matter of National Cash Register Co. [Wilson], 8 N.Y.2d 377; Matter of Commerce Indus. Ins. Co. v. Nester, 227 A.D.2d 556, affd 90 N.Y.2d 255). The Supreme Court therefore erred in vacating the award on the ground that there was no agreement to arbitrate the grievance in question ( see, Matter of Crum Forster Commercial Ins. v. Yakar, 208 A.D.2d 833; Matter of State of New York [State Univ.] [Civil Serv. Empls. Assn. (Carlin)], 148 A.D.2d 790).
The County of Suffolk's claim that the arbitration award is violative of public policy was not raised in its motion to vacate the award and is not properly before this Court ( see, Matter of Professional Clerical, Tech. Empls. Assn. [Buffalo Bd. of Educ.], 90 N.Y.2d 365, 373).
Miller, J.P., O'Brien, Copertino and McGinity, JJ., concur.