Opinion

In re the Arbitration between New York State Office of Children & Family Services & Lanterman

  • 62 A.D.3d 1109
  • 879 N.Y.S.2d 247
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 14, 2009
Status
Published
Author
Kane
On the bench
Kane, Kavanagh, Rose, Stein
Cited by
2 cases

The opinion

Kane, J. (concurring).

I agree with the portion of Justice Kavanagh’s decision holding that arbitration should be stayed based upon public policy. Teacher certification is a nonnegotiable qualification for teaching positions—it cannot be bargained away in a collective bargaining agreement. Requiring a public entity to arbitrate regarding the termination of a teacher who failed to obtain or maintain statutorily-mandated teacher certification violates public policy. For that reason alone, I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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