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  5. 33 N.Y.2d 425 (1974)
 

MTR. OF GIRVAN, INC. (ROBILOTTO)

33 N.Y.2d 425 (1974)

In the Matter of the Arbitration between W. M. Girvan, Inc., Appellant, and Nicholas M. Robilotto, as President of Local 294, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1974.

Attorney(s) appearing for the Case

Kohn, Bookstein & Karp (Richard A. Kohn of counsel), for appellant.

Dominick Tocci for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and RABIN concur in memorandum; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge STEVENS concurs.

MEMORANDUM.

The order of the Appellate Division is affirmed, without costs, in the following memorandum:

The burden of appellant employer's contention is that the arbitrator here should have upheld the dismissal of two employees on the ground that their conduct constituted "dishonesty involving theft". We conclude that the employer's application to vacate the arbitration award (which, while it set aside the dismissals...

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