From Casetext: Smarter Legal Research

Matter of Plattsburgh Policemen's Benevolent

Appellate Division of the Supreme Court of New York, Third Department
Mar 29, 1984
100 A.D.2d 714 (N.Y. App. Div. 1984)

Opinion

March 29, 1984

Appeal from an order of the Supreme Court at Special Term (Shea, J.), entered July 25, 1983 in Clinton County, which denied petitioner's application pursuant to CPLR 7511 to vacate an arbitration award and granted respondent's cross motion to confirm the award.


¶ We agree with Special Term that the arbitrator neither exceeded his powers nor acted irrationally by finding that the contract language in question did not entitle petitioner to earn vacation time benefits while drawing disability salary, pursuant to section 207-c Gen. Mun. of the General Municipal Law (see Matter of Chalachan v City of Binghamton, 55 N.Y.2d 989; Phaneuf v City of Plattsburgh, 84 Misc.2d 70, aff'd. 50 A.D.2d 614, mot. for lv. to app. dsmd. 38 N.Y.2d 1004). Accordingly, the order must be affirmed. ¶ Order affirmed, with costs. Kane, J.P., Main, Yesawich, Jr., and Harvey, JJ., concur.


Summaries of

Matter of Plattsburgh Policemen's Benevolent

Appellate Division of the Supreme Court of New York, Third Department
Mar 29, 1984
100 A.D.2d 714 (N.Y. App. Div. 1984)
Case details for

Matter of Plattsburgh Policemen's Benevolent

Case Details

Full title:In the Matter of the Arbitration between PLATTSBURGH POLICEMEN'S…

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

Date published: Mar 29, 1984

Citations

100 A.D.2d 714 (N.Y. App. Div. 1984)