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MATTER OF CIVIL SERV. EMPLOYEES ASS'N, INC. WESTCHESTER CHAPTER, LOCAL 860 v. TOWN OF HARRISON

64 A.D.2d 702 (1978)

In the Matter of Civil Service Employees Association, Inc., Westchester Chapter, Local 860, et al., Appellants, v. Town of Harrison et al., Respondents

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

July 31, 1978

Order and Judgment affirmed, with $50 costs and disbursements, on the opinion of Mr. Justice Rubin at Special Term.

We would merely emphasize that disputes as to the creation of, and eligibility for, positions in the town's civil service may not be resolved in an arbitral forum and that the town's failure to seek a stay of arbitration on the ground that the arbitrator would be exceeding his power and usurping that of the local civil service commission, cannot be deemed...

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