Opinion
December 29, 1975
In a proceeding to confirm an arbitration award, in which respondents cross-moved to vacate the award, petitioners appeal from a judgment of Supreme Court, Suffolk County, dated March 11, 1975, which denied the motion to confirm and granted the cross motion to vacate the award. Judgment affirmed, with $50 costs and disbursements. The arbitration award contravened public policy and was in violation of subdivision 3 of section 1708 Educ. of the Education Law in that it improperly validated an action (reinstatement of the individual petitioner, an employed teacher, as director of student activities) taken by the respondent board of education in executive, rather than in open, session (see Matter of Kursch v Board of Educ., Union Free School Dist. No. 1, Town of No. Hempstead, 7 A.D.2d 922; Matter of Flinn, 154 N.Y.S.2d 124). Hopkins, Acting P.J., Cohalan, Christ, Brennan and Munder, JJ., concur.