East Ramapo Central School District v. East Ramapo Teachers Ass'n.
Cases that cite this one
15 later published cases cite this decision.
- Matter of County of Nassau v. Nassau County Investigators Police Benevolent Assn., Inc. (Appellate Division of the Supreme Court of New York 2022)
- Policy Admin. Solutions, Inc. v. QBE Holdings, Inc. (Appellate Division of the Supreme Court of New York 2018)
- O'FLYNN, PATRICK M., MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- In re Arbitration between Monroe County Sheriff Patrick M. O'Flynn & Monroe County Deputy Sheriffs' Ass'n (Appellate Division of the Supreme Court of New York 2016)
- In re Arbitration between Monroe County Sheriff Patrick M. O'Flynn & Monroe County Deputy Sheriffs' Ass'n (Appellate Division of the Supreme Court of New York 2016)
- Wydra v. Brach (Appellate Division of the Supreme Court of New York 2014)
- Wydra v. Brach (Appellate Division of the Supreme Court of New York 2014)
- Wydra v. Brach (Appellate Division of the Supreme Court of New York 2013)
- Wydra v. Brach (Appellate Division of the Supreme Court of New York 2013)
- Goldberg v. Nugent (Appellate Division of the Supreme Court of New York 2011)
- Board of Education of East Haven V. East Haven Education Ass'n (Conn. App. Ct. 2001)
- In re the Arbitration between Alsante & Allstate Insurance (Appellate Division of the Supreme Court of New York 1999)
- In re the Arbitration between Recore & Chateaugay Central School District (Appellate Division of the Supreme Court of New York 1998)
- Town of Newburgh v. Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 1994)
- Lawrence Terrace Co. v. Benova (Appellate Division of the Supreme Court of New York 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the appeal is from so much of a judgment of the Supreme Court, Rockland County (Kelly, J.), entered December 15, 1983, as, upon vacating the award and remanding the matter for a new hearing, directed that the new hearing be held before a different arbitrator.
Judgment affirmed, insofar as appealed from, with costs.
It is within the court’s discretion to remit an arbitration matter to the same or a different arbitrator (Matter of Murray Oil Prods. Co. [Eagle Paint & Varnish Works], 243 App Div 548; In re E.A. Labs., 50 NYS2d 222). The nature of the matters challenged is a factor the courts are guided by in their exercise of discretion, and ordinarily a remittal for a purely technical defect will be to the original arbitrator (see, 8 Weinstein-KornMiller, NY Civ Prac ¶ 7511.30). However, the proceeding herein involves challenges to the arbitrator’s powers and the legality of his decision. Under the circumstances, therefore, it was not an abuse of discretion to remit the matter to a different arbitrator (Rosen Trust v Rosen, 53 AD2d 342, 366, affd 43 NY2d 693). Lazer, J. P., Bracken, Rubin and Eiber, JJ., concur;
Case-law data current through December 31, 2025. Source: CourtListener bulk data.