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MATTER OF BLAMOWSKI (MUNSON TRANSP.)

91 N.Y.2d 190 (1997)

690 N.E.2d 1254

668 N.Y.S.2d 148

In the Matter of the Arbitration between Leonard Blamowski, Appellant, and Munson Transportation, Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 18, 1997.

Attorney(s) appearing for the Case

E. Carey Cantwell, P. C., Buffalo (Anne E. Doebler of counsel), for appellant.

O'Connor, Gacioch, Pope & Tait, L. L. P., Binghamton (Jeffrey A. Tait of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

The issue in this CPLR article 75 proceeding is whether an arbitration award was properly vacated. We hold that it was and thus affirm the order of the Appellate Division.

Petitioner Blamowski was employed by Munson Transportation, Inc., a commercial trucking company, for eight years as a local driver in its Cheektowaga, Erie County, facility. In August 1989, the Freight Drivers, Helpers, Dockmen...

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