Legal Opinion
In Re the Arbitration Between Allen & New York State
New York Court of Appeals
Decided March 31, 1981PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The arbitration agreement expressly authorized the disciplinary arbitrator to determine the “appropriateness of proposed penalties” and further provided that the arbitrator “has full authority, if the remedy proposed by the State is found to be inappropriate to devise an appropriate remedy including an increase in the penalty sought by the State”. In view of the breadth of these explicit provisions of disciplinary power, it cannot be said that the arbitrator acted in excess of his jurisdiction in construing…
2Cases cited3 opinions
- Lentine v. FundaroNew York Court of Appeals · 1972
- Board of Education v. Bellmore-Merrick United Secondary Teachers, Inc.New York Court of Appeals · 1976
- In re the Arbitration between Board of Education & HessNew York Court of Appeals · 1979
3Cited by11 opinions
- Ford v. Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1983
- Szabados v. Pepsi-Cola Bottling Co.Appellate Division of the Supreme Court of the State of New York · 1993
- State v. Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
- Cortale v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 1987
- In re the Arbitration between Gleason & Michael Vee, Ltd.Appellate Division of the Supreme Court of the State of New York · 2001
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