Gasbarre v. City of Rochester

— Order unanimously affirmed without costs. Memorandum: In her award, the arbitrator found that the city had just cause for suspending and later terminating petitioner from his position of neighborhood conservation officer. As a ground for vacating the award, petitioner asserts that the arbitrator failed to make a final and definite award upon the subject matter submitted (CPLR 7511 [b] [1] [iii]) because she did not decide whether petitioner’s actions were protected by his right to freedom of speech. We disagree.

The award was final and definite and recited in detail the acts of petitioner…