MATTER OF SUPT. OF SCH., LIVERPOOL


42 N.Y.2d 509 (1977)

In the Matter of the Arbitration between the Acting Superintendent of Schools of Liverpool Central School District, Appellant, and United Liverpool Faculty Association, Respondent.

Court of Appeals of the State of New York.

Decided October 18, 1977.


Attorney(s) appearing for the Case

Edward A. O'Hara III and Dennis G. O'Hara for appellant.

Gerard J. De Wolf, Bernard F. Ashe and Richard C. Heffern for respondent.

Judges JASEN, FUCHSBERG and COOKE concur with Judge JONES; Judge GABRIELLI concurs in a separate opinion in which Chief Judge BREITEL and Judge WACHTLER also concur.


JONES, J.

We hold that in arbitrations which proceed under the authority of the Taylor Law, the scope of the particular arbitration clause, and thus whether the question sought to be submitted to arbitration is within or without the ambit of that clause, is to be determined by the courts. In making such determinations the courts are to be guided by the principle that...

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