Opinion

Board of Education v. Three Village Teachers' Ass'n

  • 81 A.D.2d 820
  • 438 N.Y.S.2d 593
  • 1981 N.Y. App. Div. LEXIS 11475
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 4, 1981
Status
Published
Cited by
1 cases
Authority
More cited than 60.4%

The opinion

— Appeal from a judgment of the Supreme Court, Suffolk County, entered July 11, 1980, which vacated an arbitrator’s award and remanded the matter for arbitration before a different arbitrator. Judgment reversed, on the law, with $50 costs and disbursements, petition dismissed and appellant’s cross motion to confirm the arbitrator’s award is granted. The arbitrator’s power was not so imperfectly executed that a final and definite award upon the subject matter submitted was not made. The question submitted, whether petitioner violated the agreement between the parties by assigning more students to laboratory *821 classes than there were laboratory equipment stations, called for a “yes” or “no” answer. It did not call for the arbitrator to set out a definition of “equipment stations”. The arbitrator’s conclusion that no more than 24 students could be assigned to a laboratory class was not so completely irrational as to warrant vacatur. Accordingly, the petition must be dismissed. Damiani, J. P., Gibbons, Gulotta and Thompson, JJ., 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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