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MATTER OF ALLEN

73 A.D.2d 963 (1980)

In the Matter of the Arbitration between Doris Allen, Respondent, and New York State et al., Appellants. Civil Service Employees Association, Inc., as Party in Interest

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

January 28, 1980

Judgment reversed, on the law, without costs or disbursements, arbitrator's award reinstated and proceeding dismissed.

The arbitrator did not exceed his powers in permitting the State, at the outset of the hearing, to amend the penalty sought to be imposed. Although the collective bargaining agreement did not specifically empower the arbitrator to permit amendment of the proposed penalty, it did provide the arbitrator with...

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