MATTER OF HUNSINGER v. MINNS


197 A.D.2d 871 (1993)

602 N.Y.S.2d 284

In the Matter of Michael Hunsinger, as Superintendent of Schools of Waterloo Central School District, et al., Respondents, v. David Minns, as President of Waterloo Education Association, et al., Appellants

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

October 1, 1993


Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted petitioners' application to vacate an arbitration award on the ground that the arbitrator exceeded his authority (see, CPLR 7511 [b] [1] [iii]). When an arbitrator does not "`draw his conclusion from the agreement itself'" or goes beyond the contract to add a new provision, the arbitration award must be vacated (Board of Educ. v North Babylon Teachers...

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