Nassau Chapter v. Board of Education

Plaintiff moves to dismiss the affirmative defenses (CPLB 3211, subd. [b]) and for summary judgment. Defendant cross-moves to dismiss the complaint (CPLB 3211, subd. [a], par. 1), or in the alternative, to stay the action pending the exhaustion of the administrative grievance procedure of the school district. The alternative relief requested is wrongly denominated as to compel arbitration and to stay the action pending arbitration. It is clear from the reading of the papers that defendant has resisted a determination of this matter by any impartial body and is unwilling to have this matter…