Legal Opinion · Dissent
In re the Arbitration between North Colonie Central School District & North Colonie Teachers' Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 1978Published
1Dissent
Herlihy, J. (dissenting).
While it appears from the majority opinion that one can rationalize a basis for the monetary award, and that, therefore, it is permissible in this case (Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578, 582), the fact remains that the remedy in this case is nothing more nor less than a windfall for the teachers involved. It is well established that punitive damages may not be awarded and in the present case the award is a punishment (Garrity v Lyle Stewart, Inc., 40 NY2d 354).
In the case of Board of Educ. v Niagara-Wheatfield Teachers Assn. (58 AD2d…
2Cases cited3 opinions
- Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976
- Rokowsky v. Finance AdministratorNew York Court of Appeals · 1977
- Board of Education of Central School District No. 1 of Towns of Niagara v. Niagara-Wheatfield Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1977