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In the Matter of the Arbitration between TOWN OF CALLICOON, Respondent, and CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., TOWN OF CALLICOON UNIT, Appellant.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.

Where a dispute has been arbitrated pursuant to a broad arbitration agreement between the parties, the resulting award may not be vacated unless it is violative of a strong public policy, is totally irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power (Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308; Matter of Board of Educ. v Dover-Wingdale Teachers' Assn., 61 N.Y.2d 913; Matter of Local Div. 1179 [Green Bus Lines], 50 N.Y.2d 1007; Rochester City School Dist. v Rochester Teachers Assn., 41 N.Y.2d 578).

Here, the arbitration was conducted pursuant to a broad arbitration clause in the parties' collective bargaining agreement, which empowered the arbitrator to resolve disputes concerning the interpretation and application of the agreement, subject only to the limitation that the arbitrator could not add to or subtract from the agreement (see, Matter of Town of Haverstraw [Rockland County Patrolmen's Benevolent Assn.], 65 N.Y.2d 677; Matter of Local Div. 1179 [Green Bus Lines], supra; Matter of Sprinzen [Nomberg], 46 N.Y.2d 623).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.

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MATTER OF TOWN OF CALLICOON
(Dec 21, 1987)