Opinion
August 22, 1994
Adjudged that the petition is granted to the extent that the determination is annulled, on the law, without costs and disbursements.
Because the petitioner was entitled to proceed to arbitration (see, Matter of Policemen's Benevolent Assn. v. Rosenthal, 207 A.D.2d 492 [decided herewith]) and the Hearing Officer lacked jurisdiction to discipline the petitioner (see, Village Law § 8-800; Wiggins v. Board of Educ., 60 N.Y.2d 385, 387-388; Copeland v. Salomon, 56 N.Y.2d 222; 1978 Opn St Comp No. 78-665, at 130) the determination of the Board of Trustees was unauthorized. Rosenblatt, J.P., Miller, Ritter and Santucci, JJ., concur.