Bugbee v. County of Rockland

Appellate Division of the Supreme Court of New York

Bugbee v. County of Rockland

59 A.D.2d 943, 399 N.Y.S.2d 463, 97 L.R.R.M. (BNA) 2345, 1977 N.Y. App. Div. LEXIS 14184

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 28, 1977

StatusPublished

This text of 59 A.D.2d 943 (Bugbee v. County of Rockland) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bugbee v. County of Rockland, 59 A.D.2d 943, 399 N.Y.S.2d 463, 97 L.R.R.M. (BNA) 2345, 1977 N.Y. App. Div. LEXIS 14184 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding to confirm an arbitration award, petitioners appeal from a judgment of the Supreme Court, Rockland County, dated December 8, 1975, which denied the application and vacated the award. Judgment affirmed, without costs or disbursements. We agree with the Justice at Special Term that: "There is no question but that petitioners were at all times receiving salaries in accordance with the clear and unambiguous terms of the collective bargaining agreement. In directing that petitioners be advanced by one salary step or grade, the arbitrators ignored the relevant provisions of the agreement and, in effect, made a new and different contract for the parties. In so doing, the arbitrators conferred upon petitioners a benefit not reflected in the agreement and not enjoyed by any other County employees similarly situated. Such an award cannot stand”. Margett, J. P., Damiani, Shapiro and Titone, JJ., concur.

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In a proceeding to confirm an arbitration award, petitioners appeal from a judgment of the Supreme Court, Rockland County, dated December 8, 1975, which denied the application and vacated the award. Judgment affirmed, without costs or disbursements. We agree with the Justice at Special Term that: "There is no question but that petitioners were at all times receiving salaries in accordance with the clear and unambiguous terms of the collective bargaining agreement. In directing that petitioners be advanced by one salary step or grade, the arbitrators ignored the relevant provisions of the agreement and, in effect, made a new and different contract for the parties. In so doing, the arbitrators conferred upon petitioners a benefit not reflected in the agreement and not enjoyed by any other County employees similarly situated. Such an award cannot stand”. Margett, J. P., Damiani, Shapiro and Titone, JJ., concur.

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Bluebook (online)

59 A.D.2d 943, 399 N.Y.S.2d 463, 97 L.R.R.M. (BNA) 2345, 1977 N.Y. App. Div. LEXIS 14184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bugbee-v-county-of-rockland-nyappdiv-1977.