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IN THE MATTER OF DOWLEYNE v. NEW YORK CITY TRANSIT AUTHORITY

3 N.Y.3d 633 (2004)

816 N.E.2d 191

782 N.Y.S.2d 401

In the Matter of LESLIE DOWLEYNE et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

Court of Appeals of the State of New York.

Decided June 29, 2004.

Attorney(s) appearing for the Case

Kennedy, Schwartz & Cure, P.C., New York City (Arthur Z. Schwartz and Elizabeth M. Pilecki of counsel), for appellants.

Richard Schoolman, Brooklyn, for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the judgment of Supreme Court confirming the arbitration award reinstated, with costs.

The Appellate Division's vacatur cannot stand because it improperly substituted its factual finding for that of a majority of the arbitration panel.

On review of submissions pursuant to section 500.4 of the Rules of the...

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