CIV SERV FORUM v. BINGHAMTON


44 N.Y.2d 23 (1978)

Binghamton Civil Service Forum, Appellant, v. City of Binghamton, Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1978.


Attorney(s) appearing for the Case

Frederick P. Conte for appellant.

Patrick J. Raymond, Corporation Counsel (John W. Park of counsel), for respondent.

Chief Judge BREITEL and Judges JONES and FUCHSBERG concur with Judge COOKE; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judges JASEN and GABRIELLI concur.


COOKE, J.

The question presented in this appeal is whether the award of an arbitrator, based upon issues submitted to him by the parties to a collective bargaining agreement, is required to be vacated as violative of the public policy of this State. The arbitrator found that there was no just cause for the discharge of a municipal employee, who admitted receiving unlawful gratuities, and modified the penalty imposed...

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