# In re the Arbitration between the Board of Higher Education & Brown

> New York Court of Appeals · April 22, 1980 · 49 N.Y.2d 935

URL: https://www.frixlaw.com/law-library/cases/5532970

## Case

- **Full name:** In the Matter of the Arbitration between the Board of Higher Education of the City of New York, and Randolph Brown
- **Court:** New York Court of Appeals
- **Decided:** April 22, 1980
- **Citations:** 49 N.Y.2d 935; 428 N.Y.S.2d 621; 406 N.E.2d 438; 1980 N.Y. LEXIS 2288
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5532970

## Opinion text

OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
There is no showing that the arbitrator went beyond the question submitted for his determination. Having participated in the arbitration proceeding, the board may not subsequently move to vacate the award on the ground that the matter arbitrated was not arbitrable (Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578, 583 ; see, also, Matter of Yonkers Federation of Teachers v Board of Educ., 46 NY2d 725 ).
There is no merit to appellant’s argument that public policy has somehow been contravened by the arbitrator’s award *937 (Matter of Port Washington Union Free School Dist. v Teachers Assn., 45 NY2d 746 ).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.
Order affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5532970. Public record. Not legal advice.