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Matter of Town of Callicoon

Court of Appeals of the State of New York
Dec 21, 1987
70 N.Y.2d 907 (N.Y. 1987)

Opinion

Decided December 21, 1987

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Harold J. Hughes, Jr., J.

Barton W. Bloom for appellant.

Frederick W.V. Schadt, Jr., for respondent.


MEMORANDUM.

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

Where a dispute has been arbitrated pursuant to a broad arbitration agreement between the parties, the resulting award may not be vacated unless it is violative of a strong public policy, is totally irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power (Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308; Matter of Board of Educ. v Dover-Wingdale Teachers' Assn., 61 N.Y.2d 913; Matter of Local Div. 1179 [Green Bus Lines], 50 N.Y.2d 1007; Rochester City School Dist. v Rochester Teachers Assn., 41 N.Y.2d 578).

Here, the arbitration was conducted pursuant to a broad arbitration clause in the parties' collective bargaining agreement, which empowered the arbitrator to resolve disputes concerning the interpretation and application of the agreement, subject only to the limitation that the arbitrator could not add to or subtract from the agreement (see, Matter of Town of Haverstraw [Rockland County Patrolmen's Benevolent Assn.], 65 N.Y.2d 677; Matter of Local Div. 1179 [Green Bus Lines], supra; Matter of Sprinzen [Nomberg], 46 N.Y.2d 623).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.


Summaries of

Matter of Town of Callicoon

Court of Appeals of the State of New York
Dec 21, 1987
70 N.Y.2d 907 (N.Y. 1987)
Case details for

Matter of Town of Callicoon

Case Details

Full title:In the Matter of the Arbitration between TOWN OF CALLICOON, Respondent…

Court:Court of Appeals of the State of New York

Date published: Dec 21, 1987

Citations

70 N.Y.2d 907 (N.Y. 1987)
524 N.Y.S.2d 389
519 N.E.2d 300

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