Little Valley Central School District v. Poole
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed, with costs. Memorandum: Special Term properly granted the school district’s petition to permanently stay the arbitration sought by respondents. Respondents failed to demonstrate an express and unequivocal agreement to submit the matter to arbitration, for the agreement expressly excludes from its operation matters “which law mandated by higher authority requires to be resolved by some other body.” Law mandated by the Legislature (Education Law, § 3020-a, as amd in 1977) requires that disciplinary proceedings against school teachers be resolved by a hearing panel.…
2Cases cited2 opinions
- Board of Education of Union Free School District No. 3 of Huntington v. Associated Teachers of Huntington, Inc.New York Court of Appeals · 1972
- In re the Arbitration between South Colonie Central School District & South Colonie Teachers Ass'nNew York Court of Appeals · 1979
3Cited by3 opinions
- Kaczala v. Board of Education of East Ramapo Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1986
- In re the Arbitration between City School District of the City of Elmira & Elmira Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Arbitration Between Niagara Falls Police Club, Inc. & City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1986