In re the Arbitration between Plattsburgh Policemen's Benevolent Ass'n, Local 812 & City of Plattsburgh

Appellate Division of the Supreme Court of New York

In re the Arbitration between Plattsburgh Policemen's Benevolent Ass'n, Local 812 & City of Plattsburgh

100 A.D.2d 714, 474 N.Y.S.2d 605, 1984 N.Y. App. Div. LEXIS 17700

Appellate Division of the Supreme Court of the State of New York·Decided March 29, 1984·Published

Opinion

Appeal from an order of the Supreme Court at Special Term (Shea, J.), entered July 25,1983 in Clinton County, which denied petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award and granted respondent’s cross motion to confirm the award. H We agree with Special Term that the arbitrator neither exceeded his powers nor acted irrationally by finding that the contract language in question did not entitle petitioner to earn vacation time benefits while drawing disability salary, pursuant to section 207-c of the General Municipal Law (see Matter ofChalachan v City of Binghamton, 55 NY2d 989; Phaneuf v City of Plattsburgh, 84 Mise 2d 70, affd 50 AD2d 614, mot for lv to app dsmd 38 NY2d 1004). Accordingly, the order must be affirmed. 11 Order affirmed, with costs. Kane, J. P., Main, Yesawich, Jr., and Harvey, JJ., concur.

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Appeal from an order of the Supreme Court at Special Term (Shea, J.), entered July 25,1983 in Clinton County, which denied petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award and granted respondent’s cross motion to confirm the award. H We agree with Special Term that the arbitrator neither exceeded his powers nor acted irrationally by finding that the contract language in question did not entitle petitioner to earn vacation time benefits while drawing disability salary, pursuant to section 207-c of the General Municipal Law (see Matter ofChalachan v City of Binghamton, 55 NY2d 989; Phaneuf v City of Plattsburgh, 84 Mise 2d 70, affd 50 AD2d 614, mot for lv to app dsmd 38 NY2d 1004). Accordingly, the order must be affirmed. 11 Order affirmed, with costs. Kane, J. P., Main, Yesawich, Jr., and Harvey, JJ., concur.

In re the Arbitration between Plattsburgh Policemen's Benevolent Ass'n, Local 812 & City of Plattsburgh, 100 A.D.2d 714, 474 N.Y.S.2d 605, 1984 N.Y. App. Div. LEXIS 17700 (N.Y. Ct. App. 1984).

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100 A.D.2d 714 (In re the Arbitration between Plattsburgh Policemen's Benevolent Ass'n, Local 812 & City of Plattsburgh) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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