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

> Appellate Division of the Supreme Court of the State of New York · May 14, 2009 · 62 A.D.3d 1109

URL: https://www.frixlaw.com/law-library/cases/5776381

## Case

- **Full name:** In the Matter of the Arbitration between New York State Office of Children and Family Services, and Lauren Lanterman
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 14, 2009
- **Citations:** 62 A.D.3d 1109; 879 N.Y.S.2d 247
- **Precedential status:** Published
- **Opinion:** Concurrence by Kane
- **Judges:** Kane, Kavanagh, Rose, Stein
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5776381

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5776381. Public record. Not legal advice.