From Casetext: Smarter Legal Research

Matter of Hunsinger v. Minns

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1993
197 A.D.2d 871 (N.Y. App. Div. 1993)

Opinion

October 1, 1993

Appeal from the Supreme Court, Seneca County, Falvey, J.

Present — Green, J.P., Pine, Lawton, Fallon and Davis, JJ.


Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted petitioners' application to vacate an arbitration award on the ground that the arbitrator exceeded his authority (see, CPLR 7511 [b] [1] [iii]). When an arbitrator does not "'draw his conclusion from the agreement itself'" or goes beyond the contract to add a new provision, the arbitration award must be vacated (Board of Educ. v. North Babylon Teachers' Org., 104 A.D.2d 594, 598; see, County of Ontario v. Civil Serv. Empls. Assn., 76 Misc.2d 365, affd 46 A.D.2d 738). Here, there was nothing in the contract requiring that the grievant be considered or interviewed by the Board. Past practices may be considered by an arbitrator only when interpreting a specific contractual provision covering the issue in dispute or when the agreement expressly allows for the inclusion of past practices. An arbitrator may not rewrite a contract by adding a new clause based upon past practices (see, Matter of New York City Tr. Auth. v. Patrolmen's Benevolent Assn., 129 A.D.2d 708, appeal dismissed 70 N.Y.2d 719; Board of Educ. v. North Babylon Teachers' Org., supra; County of Ontario v Civil Serv. Empls. Assn., supra).


Summaries of

Matter of Hunsinger v. Minns

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1993
197 A.D.2d 871 (N.Y. App. Div. 1993)
Case details for

Matter of Hunsinger v. Minns

Case Details

Full title:In the Matter of MICHAEL HUNSINGER, as Superintendent of Schools of…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 1, 1993

Citations

197 A.D.2d 871 (N.Y. App. Div. 1993)
602 N.Y.S.2d 284

Citing Cases

West Genesee Sch. v. West Genesee Teachers

Supreme Court properly granted that part of the petition seeking to vacate the third paragraph of the…

Tioga Cent. Sch. Dist. v. for a Judgment Pursuant to Article 75 of the CPLR Permanently Stating an Arbitration Brought By the Tioga Teachers Ass'n

"Past practices may be considered by an arbitrator only when interpreting a specific contractual provision…