Westchester County Correction Officers Benevolent Ass'n v. Cheverko

Summary

The Appellate Division reversed an order confirming four arbitration awards granting Westchester County correction officers benefits under General Municipal Law § 207-c. The court held that the awards were indefinite or nonfinal under CPLR 7511 because they did not determine whether each officer had sustained a disability, and remitted the matter for further proceedings.

Holdings

1. The awards were indefinite or nonfinal and subject to vacatur because they did not address whether each officer sustained a disability, an essential issue underlying entitlement to General Municipal Law § 207-c benefits.

Questions Presented

1. Whether the four arbitration awards were indefinite or nonfinal under CPLR 7511 because they awarded General Municipal Law § 207-c benefits without determining whether each correction officer had sustained a disability.
2. Whether the awards should be confirmed or vacated and remitted to the arbitrator for further proceedings.

Disposition

reversed_and_remanded