Appellate Division of the Supreme Court of the State of New York March 13, 1998 (In re the Arbitration between Monroe County & Monroe County Deputy Sheriffs' Ass'n)

—Order unanimously reversed on the law without costs, petition denied and award confirmed. Memorandum: We reject respondent’s contention that petitioners, Monroe County and Monroe County Sheriffs Office (County), waived their right to seek vacatur of an arbitration award as in excess of the arbitrator’s powers pursuant to CPLR 7511 (b) (1) (iii), by participating in the arbitration without first