Legal Opinion · Concurring in part, dissenting in part

Board of Education v. Barni

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

Decided August 20, 1979Published

1Concurring in part, dissenting in partMangano, J.

Although I concur in the decision insofar as it affirms the granting of a stay of arbitration, in light of our recent decisions in Board of Educ. v Miller Place Teachers Assn. (70 AD2d 944) and Board of Educ. v New York State United Teachers (71 AD2d 846), I would nevertheless grant appellant permission to file a demand for arbitration based upon proper papers.

The demand as it appears in the record before us is insufficient. The mere listing of article and section number of a collective bargaining agreement accompanied by an assertion that "serious violations of the Agreement of a procedural…

2Cases cited4 opinions

  1. Cohoes City School District v. Cohoes Teachers Ass'nNew York Court of Appeals · 1976
  2. Board of Education v. Bellmore-Merrick United Secondary Teachers, Inc.New York Court of Appeals · 1976
  3. Board of Education v. Miller Place Teachers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1979
  4. Board of Education v. New York State United TeachersAppellate Division of the Supreme Court of the State of New York · 1979

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