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East Ramapo Cent. Sch. v. E. Ramapo Teachers

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1985
108 A.D.2d 717 (N.Y. App. Div. 1985)

Opinion

February 4, 1985

Appeal from the Supreme Court, Rockland County (Kelly, J.).


Judgment affirmed, insofar as appealed from, with costs.

It is within the court's discretion to remit an arbitration matter to the same or a different arbitrator ( Matter of Murray Oil Prods. Co. [ Eagle Paint Varnish Works], 243 App. Div. 548; In re E.A. Labs., 50 N.Y.S.2d 222). The nature of the matters challenged is a factor the courts are guided by in their exercise of discretion, and ordinarily a remittal for a purely technical defect will be to the original arbitrator ( see, 8 Weinstein-Korn-Miller, N Y Civ Prac ¶ 7511.30). However, the proceeding herein involves challenges to the arbitrator's powers and the legality of his decision. Under the circumstances, therefore, it was not an abuse of discretion to remit the matter to a different arbitrator ( Rosen Trust v Rosen, 53 A.D.2d 342, 366, affd 43 N.Y.2d 693). Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.


Summaries of

East Ramapo Cent. Sch. v. E. Ramapo Teachers

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1985
108 A.D.2d 717 (N.Y. App. Div. 1985)
Case details for

East Ramapo Cent. Sch. v. E. Ramapo Teachers

Case Details

Full title:EAST RAMAPO CENTRAL SCHOOL DISTRICT, Respondent, v. EAST RAMAPO TEACHERS…

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

Date published: Feb 4, 1985

Citations

108 A.D.2d 717 (N.Y. App. Div. 1985)

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