Legal Opinion · Dissent

In re the Arbitration between Board of Education & Coleman

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

Decided June 15, 2012No. Appeal No. 1Published

1DissentSconiers, J.

I respectfully dissent in part in appeal No. 1 because I conclude that, with the exception of vacating the directive requiring petitioner to pay for respondent’s health insurance during the period of suspension, Supreme Court exceeded its limited scope of review in vacating the Hearing Officer’s decision and award with respect to the teacher disciplinary charges that petitioner brought pursuant to Education Law § 3020-a (Matter of Board of Educ. of the Dundee Cent. School Dist. v Coleman, 29 Misc 3d 1204[A], 2010 NY Slip Op 51684[U] [2010]). As the majority correctly notes, “[a]n arbitration…

2Cases cited12 opinions

  1. Norris v. CooperNew York Court of Appeals · 1984
  2. Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1996
  3. United Federation of Teachers, Local 2 v. Board of EducationNew York Court of Appeals · 2003
  4. Board of Education v. Arlington Teachers Ass'nNew York Court of Appeals · 1991
  5. Holt v. Board of EducationNew York Court of Appeals · 1981

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