From Casetext: Smarter Legal Research

Matter of County of Dutchess

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1988
144 A.D.2d 463 (N.Y. App. Div. 1988)

Opinion

November 14, 1988

Appeal from the Supreme Court, Dutchess County (Jiudice, J.).


Ordered that the judgment is affirmed, with costs.

Contrary to the appellant's contentions, the Supreme Court properly entertained the petitioner's application to stay arbitration on the ground that the claim sought to be arbitrated was not one which the parties had agreed to arbitrate under their collective bargaining agreement. That issue is one for the court to determine (see, Sisters of St. John the Baptist v. Geraghty Constructor, 67 N.Y.2d 997, 998; Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1, 5; Matter of Hudson Watch Assocs. v. H.F.S. Elec., 134 A.D.2d 352; County of Rockland v Rockland County Unit, 125 A.D.2d 531, 532).

Moreover, the court properly stayed arbitration. It is undisputed by the parties that the claim sought to be arbitrated is premised not upon the provisions of the collective bargaining agreement, but rather, upon the county's alleged wrongful failure to pay statutory benefits pursuant to General Municipal Law § 207-c. In light of the foregoing, and considering the absence of a valid and specific agreement between the parties evidencing an intent to arbitrate such claims, the petitioner's application to stay arbitration was properly granted (cf., County of Rockland v Rockland County Unit, supra, at 532). Kunzeman, J.P., Weinstein, Rubin and Kooper, JJ., concur.


Summaries of

Matter of County of Dutchess

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1988
144 A.D.2d 463 (N.Y. App. Div. 1988)
Case details for

Matter of County of Dutchess

Case Details

Full title:In the Matter of the Arbitration between COUNTY OF DUTCHESS, Respondent…

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

Date published: Nov 14, 1988

Citations

144 A.D.2d 463 (N.Y. App. Div. 1988)

Citing Cases

Cohoes v. Firefighters

Although the question of whether General Municipal Law § 207-a (3) "light duty" assignments are arbitrable…

Matter of Niagara Frontier Transportation

Respondent sought arbitration of an alleged violation of the 1989 Memorandum of Understanding between the…