Opinion
Argued January 13, 1982
Decided February 11, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT E. FISCHER, J.
Gunter Dully, Bernard F. Ashe and Rocco A. Solimando for appellant.
James F. Young for respondent.
Order reversed, with costs, motion for stay of arbitration denied and the parties directed to proceed to arbitration on the association's grievance only, for the reasons stated in the dissenting memorandum by Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division ( 81 A.D.2d 954, 955).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.