City School District v. Tonawanda Education Ass'n

101 A.D.2d 1011, 476 N.Y.S.2d 675, 1984 N.Y. App. Div. LEXIS 18740
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 25, 1984
StatusPublished
Cited by1 cases

This text of 101 A.D.2d 1011 (City School District v. Tonawanda Education Ass'n) 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
City School District v. Tonawanda Education Ass'n, 101 A.D.2d 1011, 476 N.Y.S.2d 675, 1984 N.Y. App. Div. LEXIS 18740 (N.Y. Ct. App. 1984).

Opinion

Order unanimously reversed, without costs, motion denied, and arbitration award confirmed. Memorandum: The Tonawanda Education Association and the grievant teacher appeal from an order vacating an arbitration award on the ground that a prior award is res judicata of the issues raised in the present arbitration. We reverse. The question of the res judicata effect of the prior award was “within the exclusive province of the arbitrator to resolve” (Board ofEduc. v Patchogue-Medford Congress of Teachers, 48 NY2d 812, 813). Since none of the statutory grounds for vacating the award is present, the award must be confirmed. (Appeal from order of Supreme Court, Erie County, Ostrowski, J. — arbitration.) Present — Callahan, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ.

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Related

In Re the Arbitration Between Allcity Insurance & Vitucci
547 N.E.2d 96 (New York Court of Appeals, 1989)

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Bluebook (online)
101 A.D.2d 1011, 476 N.Y.S.2d 675, 1984 N.Y. App. Div. LEXIS 18740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-school-district-v-tonawanda-education-assn-nyappdiv-1984.