MTR UNITED v. BUFFALO SEWER


127 Misc.2d 648 (1985)

In the Matter of United Environmental Workers, Petitioner, v. Buffalo Sewer Authority, Respondent.

Supreme Court, Erie County.

February 26, 1985


Attorney(s) appearing for the Case

Sargent & Repka, P. C. (Nicholas J. Sargent of counsel), for petitioner. Sarah O. Naples, Corporation Counsel (Paul F. Murak of counsel), for respondent.


JOSEPH J. SEDITA, J.

In what appears to be a case of first impression, the petitioner asks this court to confirm an arbitrator's decision awarding sick pay to one of its members who had already been awarded a recovery under the Workers' Compensation Law. The arbitrator was aware that a workers' compensation claim was pending but was not aware that a favorable compensation decision had been made prior to his decision which awarded sick pay to this member...

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