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MTR. OF BD. OF EDUC. (HESS)

49 N.Y.2d 145 (1979)

In the Matter of the Arbitration between Board of Education of Norwood-Norfolk Central School District, Appellant, and Frank F. Hess, as President of the Norwood-Norfolk Central Teachers Association, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 19, 1979.

Attorney(s) appearing for the Case

Dennis G. O'Hara and Michael J. Kawa for appellant.

Richard E. Casagrande, Bernard F. Ashe and J. Michael Eadry for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.

FUCHSBERG, J.

In a proceeding brought pursuant to CPLR 7511, the Appellate Division reversed an order of Special Term vacating an arbitration award which, inter alia, had ordered a school district to reinstate a former teacher. The essential question is whether the arbitrator exceeded his power.

The arbitral proceeding was the last stage in the grievance machinery provided by a collective bargaining...

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