Board of Education of Portville Central School v. Portville Faculty Ass'n

— Order unanimously affirmed, with costs. Memorandum: The central issue on appeal is whether public policy is violated by having an arbitrator, as opposed to a court, decide whether petitioner has created a separate tenure area for the position of guidance counselor. Respondent concedes that layoff procedures must conform to subdivision 2 of section 2510 of the Education Law despite any contract provisions to the contrary (see Honeoye Falls-Lima Cent. School Dist. v Honeoye Falls-Lima Educ. Assn., 49 NY2d 732). Nevertheless, respondent asserts that it is a question of fact whether the area of…