Hyperlawhypertext legal databasebeta In re the Arbitration between Turner & Booth Memorial Hospital 63 N.Y.2d 633

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In re the Arbitration between Turner & Booth Memorial Hospital

63 N.Y.2d 633 Court N.Y. Decision date 1984-07-03 English

Contents

Majority

p. 633
In the Matter of the Arbitration between Doris Turner, as President of District 1199, Respondent, and Booth Memorial Hospital, Also Known as Booth Memorial Medical Center, Appellant.
Decided July 3, 1984
p. 634
APPEARANCES OF COUNSEL
Carl A. Schwarz, Jr., for appellant.
Mary Jill Hanson for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The hospital’s contention that the arbitrator exceeded his authority when he directed the hospital to restore the laundry must be rejected since the arbitration clause does not expressly or by reference limit the arbitrator’s authority in the manner urged by the hospital (Matter of Silverman [Benmor Coats], 61 NY2d 299 ). We note that the rule stated in the Silverman case, which involved commercial

p. 635
arbitration, has recently been applied to labor disputes in the public sector (Matter of Board of Educ. v Dover-Wing-dale Teachers’ Assn., 61 NY2d 913 ). There is no reason why it should not apply to this private sector arbitration (cf. Matter of Acting Supt. of Schools [United Liverpool Faculty Assn.], 42 NY2d 509 , 512-514).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

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