Ordered that the judgment is affirmed, with costs.
The final determination terminating the petitioner's employment resulted from an arbitration award and accordingly, the proceeding was properly one for relief pursuant to CPLR article 75, rather than CPLR article 78 as denominated by the petitioner. Since the court in the exercise of its discretion had the power to treat the proceeding as one pursuant to CPLR article 75, it was not improper for it to consider whether...
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