In re the Arbitration between the State

Appellate Division of the Supreme Court of New York

In re the Arbitration between the State

64 A.D.2d 764, 408 N.Y.S.2d 785, 1978 N.Y. App. Div. LEXIS 12607

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

DecidedJuly 20, 1978

StatusPublished

This text of 64 A.D.2d 764 (In re the Arbitration between the State) 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

In re the Arbitration between the State, 64 A.D.2d 764, 408 N.Y.S.2d 785, 1978 N.Y. App. Div. LEXIS 12607 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered April 18, 1977 in Albany County, which dismissed the petition to vacate an arbitrator’s award and granted respondent’s cross motion to confirm the award. From the record it appears that one of the issues necessary to a proper resolution of the controversy by the arbitrator was never submitted to him, that is, the issue of a proper remedy (§ 28.2) if he found that section 28.1 of the collective bargaining agreement had been violated. The parties hereto have caused unnecessary litigation by agreeing to a stipulated question which did not resolve the issue. Judgment reversed, on the law and the facts, without costs; petition granted, award vacated and matter remitted to the arbitrator for further proceedings, including consideration of sections 28.1 and 28.2 of the agreement. Greenblott, J. P., Main, Larkin, Mikoll and Herlihy, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered April 18, 1977 in Albany County, which dismissed the petition to vacate an arbitrator’s award and granted respondent’s cross motion to confirm the award. From the record it appears that one of the issues necessary to a proper resolution of the controversy by the arbitrator was never submitted to him, that is, the issue of a proper remedy (§ 28.2) if he found that section 28.1 of the collective bargaining agreement had been violated. The parties hereto have caused unnecessary litigation by agreeing to a stipulated question which did not resolve the issue. Judgment reversed, on the law and the facts, without costs; petition granted, award vacated and matter remitted to the arbitrator for further proceedings, including consideration of sections 28.1 and 28.2 of the agreement. Greenblott, J. P., Main, Larkin, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

64 A.D.2d 764, 408 N.Y.S.2d 785, 1978 N.Y. App. Div. LEXIS 12607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-the-state-nyappdiv-1978.