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MATTER OF BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK v. UNITED FEDERATION OF TEACHERS, LOCAL 2, AMERICAN FEDERATION OF TEACHERS, AFL-CIO

304 A.D.2d 826 (2003)

757 N.Y.S.2d 868

In the Matter of BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, Respondent, v. UNITED FEDERATION OF TEACHERS, LOCAL 2, AMERICAN FEDERATION OF TEACHERS, AFL-CIO, Appellant.

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

Decided April 28, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, the cross motion is granted, and the arbitration award is confirmed.

The Supreme Court erred in granting the petition to vacate the arbitrator's award to the extent of remitting the matter for a new determination as to whether the petitioner's determination that Dorothy Jenkins, a paraprofessional, committed an act of corporal punishment was arbitrary or capricious...

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