Legal Opinion
Hunsinger v. Minns
Appellate Division of the Supreme Court of the State of New York
Decided October 1, 1993PublishedCited by 5 opinions
1Opinion of the Court
—Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted petitioners’ application to vacate an arbitration award on the ground that the arbitrator exceeded his authority (see, CPLR 7511 [b] [1] [iii]). When an arbitrator does not " 'draw his conclusion from the agreement itself ” or goes beyond the contract to add a new provision, the arbitration award must be vacated (Board of Educ. v North Babylon Teachers’ Org., 104 AD2d 594, 598; see, County of Ontario v Civil Serv. Empls. Assn., 76 Misc 2d 365, affd 46 AD2d 738). Here, there was nothing in the…
2Cases cited4 opinions
- Board of Education v. North Babylon Teachers' OrganizationAppellate Division of the Supreme Court of the State of New York · 1984
- New York City Transit Authority v. Patrolmen's Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 1987
- County of Ontario v. Civil Service Employees Ass'nNew York Supreme Court · 1973
- Matter of New York City Transit Auth. v. Patrolmen's Benevolent Ass'n of the New York City Transit Police Dep'tNew York Court of Appeals · 1987
3Cited by5 opinions
- Aeneas McDonald Police Benevolent Ass'n v. City of GenevaNew York Court of Appeals · 1998
- In re the Arbitration Between Monroe County Sheriff's Office & Monroe County Deputy Sheriffs' Ass'nAppellate Division of the Supreme Court of the State of New York · 2010
- In re the Arbitration between Franklin Central School District & Franklin Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1997
- West Genesee Central School District v. West Genesee Teacher Ass'nAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Arbitration between Rochester City School District & Rochester Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 2007