Legal Opinion

In re the Arbitration between Board of Education of Lindenhurst Union Free School District & Teachers Ass'n of Lindenhurst

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

Decided December 19, 1977Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from a judgment of the Supreme Court, Suffolk County, entered May 11, 1976, which, inter alia, granted the application. Judgment affirmed, with $50 costs and disbursements. The instant appeal is utterly devoid of merit. We agree that the essence of the teachers association’s demand for arbitration is to annul the school district’s abolition of several nurse-teacher positions and to compel the district to reinstate the incumbents to their former positions. Such issue is not, however, arbitrable under the parties’…

2Cases cited1 opinion

  1. Nixon v. Board of Education of the Lindenhurst Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1977

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