From Casetext: Smarter Legal Research

Simon v. Boyer

Court of Appeals of the State of New York
Feb 8, 1977
41 N.Y.2d 822 (N.Y. 1977)

Opinion

Argued January 3, 1977

Decided February 8, 1977

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH S. MATTINA, J.

James W. Kirkpatrick for appellant.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for respondents.


MEMORANDUM. The order of the Appellate Division should be affirmed. The petitioner, employing the provisions of a collective bargaining agreement, submitted his grievance to arbitration. The arbitrator found that the petitioner's appointment for an additional year in a special capacity did not grant him tenure rights. The petitioner is bound by the award under the terms of the agreement as well as by the principle of arbitration and award (see, e.g., Matter of Weinrott [Carp], 32 N.Y.2d 190, 194).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur; Judge JONES taking no part.

Order affirmed, with costs, in a memorandum.


Summaries of

Simon v. Boyer

Court of Appeals of the State of New York
Feb 8, 1977
41 N.Y.2d 822 (N.Y. 1977)
Case details for

Simon v. Boyer

Case Details

Full title:JAMES E. SIMON, Appellant, v. ERNEST L. BOYER, as Chancellor of the State…

Court:Court of Appeals of the State of New York

Date published: Feb 8, 1977

Citations

41 N.Y.2d 822 (N.Y. 1977)
393 N.Y.S.2d 388
361 N.E.2d 1037

Citing Cases

North Syracuse Cent. v. N. Syracuse Educ

Further, an arbitrator may act after the termination date of a contract to determine the existence of a…

Matter of Arbitration Between Bender and Lancaster Central School District

We also agree with respondent that the court erred in its determination that the last chance agreement was…