Legal Opinion

In re the Arbitration Between Jefferson-Lewis-Hamilton-Herkimer-Oneida BOCES, & Jefferson-Lewis-Hamilton-Herkimer-Oneida BOCES Professional Ass'n

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

Decided February 4, 1998PublishedCited by 10 opinions

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the petition for a stay of arbitration. Petitioner contends that arbitration of the dispute is barred by public policy because the continued payment of 100% of the health insurance premiums of 13 retirees constitutes a retirement benefit and because continued payment until the obligation is rescinded or changed by future collective bargaining amounts to an impermissible perpetual obligation. Neither contention has merit (see, Matter of Jefferson-Lewis-Hamilton-Herkimer-Oneida BOCES [JLHHO BOCES Professional…

2Cases cited3 opinions

  1. Board of Education v. BarniNew York Court of Appeals · 1980
  2. City of Buffalo v. A.F.S.C.M.E. Council 35, Local 264Appellate Division of the Supreme Court of the State of New York · 1985
  3. In re the Arbitration between Jefferson-Lewis-Hamilton-Herkimer-Oneida BOCES & JLHHO BOCES Professional Ass'nAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by10 opinions

  1. In re the Arbitration between City of Ithaca & Ithaca Paid Fire Fighters Ass'nAppellate Division of the Supreme Court of the State of New York · 2006
  2. Ledain v. Town of OntarioNew York Supreme Court · 2002
  3. In re the Arbitration between City of Niagara Falls & Niagara Falls Police Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  4. In re the Arbitration between Spink & Williamson Faculty Ass'nAppellate Division of the Supreme Court of the State of New York · 1999
  5. Buff v. Village of ManliusAppellate Division of the Supreme Court of the State of New York · 2014

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