MATTER OF WESTCHESTER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION, INC., ETC., res, v. KEVIN M. CHEVERKO, ETC. ap — (INDEX NO. 13750/11)In a proceeding pursuant to CPLR article 75, inter alia, to confirm three arbitration awards dated May 22, 2011, June 3, 2011, and July 28, 2011, determining that Jacques Kelly, Kali Nelson, and Vaughn Palmer, respectively, are entitled to benefits pursuant to General Municipal Law §207-c, Kevin M. Cheverko, as Commissioner of the Westchester County Department of Corrections, the Westchester County Department of Corrections, and Westchester County appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Walker, J.), entered March 29, 2012, as granted that branch of the petition which was to confirm so much of the arbitration award dated May 22, 2011, in favor of Jacques Kelly as related to initial injuries sustained by him on February 15, 2011, granted those branches of the petition which were to confirm the arbitration awards dated June 3, 2011, and July 28, 2011, in favor of Kali Nelson and Vaughn Palmer, respectively, and denied their cross petition, among other things, to vacate those awards.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, those branches of the petition which were to confirm so much of the award dated May 22, 2011, in favor of Jacques Kelly as related to initial injuries sustained by him on February 15, 2011, and the arbitration awards dated June 3, 2011, and July 28, 2011, in favor of Kali Nelson and Vaughn Palmer, respectively, are denied, those branches of the cross petition which were to vacate the award dated May 22, 2011, in favor of Jacques Kelly as related to initial injuries sustained by him on February 15, 2011, and the arbitration awards dated June 3, 2011, and July 28, 2011, in favor of Kali Nelson and Vaughn Palmer, respectively, are granted, and the matter is remitted to the Supreme Court, Westchester County, to remit the matter to the arbitrator for further proceedings consistent herewith.
