Manhattan & Bronx Surface Transit Operating Authority v. Transport Workers Union of America

*684In a proceeding pursuant to CPLR article 75 to vacate an arbitration award dated July 27, 2007, the petitioner appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated May 1, 2008, which denied the petition and granted the cross petition to confirm the award.

Ordered that the order is reversed, on the law, with costs, the petition to vacate the award is granted, the cross petition to confirm the award is denied, and the arbitration award is vacated.

The arbitrator exceeded his authority in modifying the original arbitration award by reaching the merits of an issue which he…