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MATTER OF POWELL v. BOARD OF EDUCATION OF WESTBURY UNION FREE SCHOOL DISTRICT

2010-11729

91 A.D.3d 955 (2012)

938 N.Y.S.2d 123

2012 NY Slip Op 790

In the Matter of DARNEL POWELL, Appellant, v. BOARD OF EDUCATION OF WESTBURY UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided January 31, 2012.

Ordered that the order is affirmed, with costs.

Where, as here, the obligation to arbitrate arises through a statutory mandate (see Education Law § 3020-a), the determination of the arbitrator is subject to "closer judicial scrutiny" under CPLR 7511 (b) than it would otherwise receive (Matter of Saunders v Rockland Bd. of Coop. Educ. Servs., 62 A.D.3d 1012, 1013 [2009] [internal quotation marks omitted]; see...

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