In re the Arbitration between Professional, Clerical, Technical Employees Ass'n & Buffalo Board of Education

—Order reversed on the law without costs, petition denied, cross motion granted and award vacated. Memorandum: Supreme Court erred in denying respondent’s cross motion to vacate the arbitration award. The arbitrator sustained petitioner’s grievance and determined that respondent violated the collective bargaining agreement by failing to appoint the highest scoring unit member on the promotional list to the po*915sition of senior typist. In sustaining the grievance, the arbitrator found that, although not specified in the agreement, the parties’ past practice was to promote the highest scoring…