What did the court decide?

The Appellate Division reversed the lower court and confirmed the entire 2023 arbitration award, including the cease-and-desist order the lower court had struck.

Who is affected by this decision?

The union (Bridge and Tunnel Officers Benevolent Association) and the Triborough Bridge & Tunnel Authority are directly affected; public-sector employees represented by the union may also be affected by enforcement of the arbitration award.

Why did the court confirm the award?

Because the respondent failed to move to vacate or modify the award within the 90-day period required by CPLR 7510-a(a), the statute required confirmation of the award.

Can this decision be appealed further?

Potentially, a party could seek further review in the Court of Appeals, subject to the usual rules and deadlines for leave to appeal.

Matter of Bridge & Tunnel Officers Benevolent Assn., Inc. v. Triborough Bridge & Tunnel Auth.

Docket Index No. 652428/24|Appeal No. 6444|Case No. 2025-00206|

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

AdministrativeAffirmed

Filed: Apr 23, 2026 · 1 week ago
Jurisdiction: New York
Court: Appellate Division of the Supreme Court of the State of New York
Type: Opinion
Case type: Administrative
Disposition: Affirmed
Citation: 2026 NY Slip Op 02444
Docket numbers: Index No652428/24Appeal No6444Case No2025-00206

Appeal from Supreme Court order denying in part a petition to confirm a 2023 arbitration award and modifying the award

Summary

The Appellate Division, First Department reversed a Supreme Court order and granted a union's petition to confirm a 2023 arbitration award in full. The lower court had denied part of the petition and modified the award to strike a cease-and-desist order. The appellate court held that CPLR 7510-a(a), which requires confirmation of public-sector arbitration awards unless a timely motion to vacate or modify is made within 90 days, applied and that the respondent did not move within that period. The court also rejected the argument that the statute excludes unions from its coverage.

Issues Decided

Whether CPLR 7510-a(a) required confirmation of a public-sector arbitration award when no timely application to vacate or modify was made within 90 days.
Whether a union, as representative of public employees, is excluded from the protection of CPLR 7510-a(a) such that the statute would not apply to a petition filed by the union.

Court's Reasoning

CPLR 7510-a(a) mandates that courts confirm public-sector arbitration awards upon timely application unless an application to vacate or modify is made within 90 days of delivery. The respondent did not seek vacatur or modification within that 90-day window, so the court could not lawfully modify the award. The court also examined the statute's legislative materials and found no indication that unions are excluded from the statute's coverage, so the union petitioner could invoke CPLR 7510-a(a).

Authorities Cited

CPLR 7510-a(a)
Assembly Memorandum in Support, Bill Jacket, L 2023, ch 679

Parties

Petitioner: Bridge and Tunnel Officers Benevolent Association, Inc.
Respondent: Triborough Bridge & Tunnel Authority
Judge: Lyle E. Frank
Judge: Scarpulla, J.P.
Judge: Friedman
Judge: Gesmer
Judge: Shulman
Judge: Chan

Key Dates

Arbitration award delivery year: 2023-12-11
Supreme Court order entered: 2024-12-11
Appellate Division decision entered: 2026-04-23

What You Should Do Next

1
Enter judgment and enforce award
Clerk should enter judgment confirming the arbitration award as directed by the Appellate Division; the union or employer can then pursue enforcement measures if necessary.
2
Consider further appellate review
If the respondent wishes to challenge the ruling, it should consult counsel promptly about seeking leave to appeal to the Court of Appeals and verify applicable deadlines.
3
Comply with arbitration directives
Parties affected by the award should take steps to comply with its terms, including any cease-and-desist requirements, to avoid enforcement actions.

Frequently Asked Questions

What did the court decide?: The Appellate Division reversed the lower court and confirmed the entire 2023 arbitration award, including the cease-and-desist order the lower court had struck.
Who is affected by this decision?: The union (Bridge and Tunnel Officers Benevolent Association) and the Triborough Bridge & Tunnel Authority are directly affected; public-sector employees represented by the union may also be affected by enforcement of the arbitration award.
Why did the court confirm the award?: Because the respondent failed to move to vacate or modify the award within the 90-day period required by CPLR 7510-a(a), the statute required confirmation of the award.
Can this decision be appealed further?: Potentially, a party could seek further review in the Court of Appeals, subject to the usual rules and deadlines for leave to appeal.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Matter of Bridge & Tunnel Officers Benevolent Assn., Inc. v Triborough Bridge & Tunnel Auth. - 2026 NY Slip Op 02444

Matter of Bridge & Tunnel Officers Benevolent Assn., Inc. v Triborough Bridge & Tunnel Auth.

2026 NY Slip Op 02444

April 23, 2026

Appellate Division, First Department

In the Matter of Bridge and Tunnel Officers Benevolent Association, Inc., Petitioner-Appellant,

v

Triborough Bridge and Tunnel Authority, Respondent-Respondent.

Decided and Entered: April 23, 2026

Index No. 652428/24|Appeal No. 6444|Case No. 2025-00206|

Before: Scarpulla, J.P., Friedman, Gesmer, Shulman, Chan, JJ.

Pitta LLP, New York (Stephen McQuade of counsel), for appellant.

Proskauer Rose LLP, New York (Rosanne Facchini of counsel), for respondent.

Judgment (denominated an order), Supreme Court, New York County (Lyle E. Frank, J.), entered December 11, 2024, which, to the extent appealed from, denied in part the petition to confirm the 2023 arbitration award, and modified the December 11, 2023 supplemental interim opinion and arbitration award to strike the cease-and-desist order, unanimously reversed, on the law, without costs, the modification vacated, the petition to confirm granted in its entirety, and the award confirmed. The Clerk is directed to enter judgment accordingly.

The court should have confirmed the entirety of the arbitration award. CPLR 7510-a(a) concerns public sector employee arbitrations and requires that "[t]he court shall confirm an award in a public sector arbitration proceeding upon application of a party made within one year after its delivery to the party, unless an application to vacate or modify the award . . . is made within ninety days after the delivery of the award to the party seeking to modify or vacate" (CPLR 7510-a[a]). Because respondent did not seek to vacate or modify the award within the statutorily prescribed 90 days, the award should have been confirmed (
see

id.
). Petitioner preserved this claim by explicitly addressing the 90-day limitations period in the petition.

The fact that petitioner is not itself an employee of respondent, but rather a representative of respondent's public sector employees, does not change the application of CPLR 7510-a. The legislative history for CPLR 7510-a(a) does not set forth any rationale for excluding unions from the definition of employees is set forth in the legislative history (Assembly Mem in Support, Bill Jacket, L 2023, ch 679).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: April 23, 2026