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Justice Acosta http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=57264 THE BOARD of Education (BOE) sought to vacate an arbitration award issued in favor of the United Federation of Teachers (UFT), holding that BOE violated their collective bargaining agreement by coverage of full-time classes during preparation periods. Rather than serving UFT, however, BOE mistakenly served the New York State United Teachers, an organization in the same building, and thus failed to serve UFT within the requisite time period. BOE argued for an extension of time for service pursuant to Civil Practice Law and Rules 306-b, which allows for such extensions upon good cause or in the interests of justice. The court explained that this standard allowed it to consider any relevant factor. Finding it was not “faced with the dismissal of a viable claim,” it declined to exercise its discretion and grant BOE an extension. Because BOE failed to show the arbitrator’s award violated strong public policy, its request for extension was denied.

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