District No. 1-PCD, Marine Engineers' Beneficial Ass'n v. Apex Marine Ship Management Co.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), entered January 21, 2004, which, to the extent appealed from, denied the petition seeking a modification of an arbitration award and confirmed the award, unanimously affirmed, without costs.

The arbitrator acted within the scope of her authority under the parties’ collective bargaining agreement in deciding the issue of remedy. The award drew its essence from that agreement. This Court’s prior decision (296 AD2d 32 [2002], lv denied 98 NY2d 616 [2002]) did not stand for the proposition that respondent Mormac Marine Transport was…