In re the Arbitration between Niagara Frontier Transportation Authority & NFTA Police Benevolent Ass'n

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the petition seeking a permanent stay of arbitration. Respondent sought arbitration of an alleged violation of the 1989 Memorandum of Understanding between the parties but conceded that the Memorandum of Understanding was not incorporated into or made a part of their collective-bargaining agreement. In the absence of a valid agreement between the parties evidencing an intent to arbitrate claims arising from alleged violations of the Memorandum of Understanding, the petition was properly granted (see,…