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ELMORE v. BD. OF EDUC.

180 Misc.2d 762 (1999)

690 N.Y.S.2d 842

In the Matter of Edwin Elmore, Petitioner, v. Plainview-Old Bethpage Central School District, Board of Education, Respondent.

Supreme Court, Nassau County.

May 6, 1999

Attorney(s) appearing for the Case

Janet Axelrod, Albany (Paul D. Clayton of counsel), for petitioner. Gregory J. Guercio, Farmingdale, for respondent.

GEOFFREY J. O'CONNELL, J.

Petitioner seeks an order vacating the decision of the arbitrator in this action pursuant to CPLR 7511. Respondent opposes.

Petitioner contends that the award should be vacated on the grounds of misconduct by the arbitrator, his failure to follow proper procedures, and because the arbitrator exceeded his powers by denying petitioner the right to assistance by counsel during the arbitration hearing.

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