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Matter of Chewens v. Newburgh Cen. Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 414 (N.Y. App. Div. 2000)

Opinion

Submitted November 29, 2000.

December 19, 2000.

In a proceeding pursuant to CPLR 7511 to vacate an arbitration award dated January 31, 2000, the petitioner appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated April 11, 2000, which denied the petition and dismissed the proceeding.

Michael H. Sussman, Goshen, N.Y. (Stephen Bergstein of counsel), for appellant.

Shaw Perelson, Highland, N.Y. (David S. Shaw and Lisa S. Rusk of counsel), for respondent.

Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the petitioner's contention, the Hearing Officer did not make any findings based on uncharged conduct (see, Matter of Block v. Ambach, 73 N.Y.2d 323, 332). Moreover, the award was final and definite (see, CPLR 7511[b][1][iii]; Matter of Meisels v. Uhr, 79 N.Y.2d 526, 536). Accordingly, the Supreme Court properly denied the petition.


Summaries of

Matter of Chewens v. Newburgh Cen. Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 414 (N.Y. App. Div. 2000)
Case details for

Matter of Chewens v. Newburgh Cen. Sch. Dist

Case Details

Full title:IN THE MATTER OF BERNADETTE CHEWENS, APPELLANT, v. NEWBURGH CENTRAL SCHOOL…

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

Date published: Dec 19, 2000

Citations

278 A.D.2d 414 (N.Y. App. Div. 2000)
718 N.Y.S.2d 613