Opinion
December 27, 2000.
Appeal from Order and Judgment of Supreme Court, Herkimer County, Kirk, J. — Arbitration.
PRESENT: PIGOTT, JR., P. J., HAYES, WISNER, SCUDDER AND LAWTON, JJ.
Order and judgment unanimously reversed on the law with costs, petition denied and cross application granted. Memorandum: Supreme Court erred in granting the petition for a stay of arbitration and denying respondent's cross application to compel arbitration. There is a reasonable relationship between the disputed matter, i.e., prescription health benefits, and the broad arbitration clause that covers all grieved matters. Thus, the court erred in determining as a matter of law that the matter is not arbitrable; it is for the arbitrator to determine whether the disputed matter falls within the scope of the substantive provisions of the collective bargaining agreement ( see, Matter of Board of Educ. [Watertown Educ. Assn.], 93 N.Y.2d 132, 143).