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Matter of Settle v. Board of Trustees

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1994
207 A.D.2d 493 (N.Y. App. Div. 1994)

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.


Summaries of

Matter of Settle v. Board of Trustees

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1994
207 A.D.2d 493 (N.Y. App. Div. 1994)
Case details for

Matter of Settle v. Board of Trustees

Case Details

Full title:In the Matter of WALTER C. SETTLE, JR., Petitioner, v. BOARD OF TRUSTEES…

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

Date published: Aug 22, 1994

Citations

207 A.D.2d 493 (N.Y. App. Div. 1994)
616 N.Y.S.2d 236