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MATTER OF ARBITRATION BETWEEN FAYETTEVILLE-MANLIUS SCHL. AND FAYETTEVILLE-MANLIUS TEACHERS ASSOCIATION

51 A.D.2d 91 (1976)

In the Matter of the Arbitration between Fayetteville-Manlius Central School District, Respondent-Appellant, and Fayetteville-Manlius Teachers Association, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 24, 1976

Attorney(s) appearing for the Case

Bernard F. Ashe (Richard Heffern of counsel), for appellant-respondent.

Mackenzie, Smith, Lewis, Michell & Hughes (John Lawton of counsel), for respondent-appellant.

MOULE, J.P., SIMONS and MAHONEY, JJ., concur in memorandum; CARDAMONE, J., concurs in part in a memorandum; GOLDMAN, J., dissents and votes to confirm arbitrator's award in all respects in an opinion.

MEMORANDUM.

Special Term properly confirmed that portion of the arbitrator's determination which awarded grievant, a teacher, lost salary for the 1974-1975 school year and properly modified the award by vacating the provision for reinstatement for the 1975-1976 school year, pursuant to CPLR 7511 (subd [c], par 2) (see Matter of Alberti v County of Erie, 46 A.D.2d 725). An award may...

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