In re the Arbitration Between Niagara Falls Police Club, Inc. & City of Niagara Falls

— Order unanimously affirmed, without costs. Memorandum: Special Term properly denied the petitioner’s application to compel the city to proceed to arbitration. The threshold consideration for the court is whether the parties agreed to arbitrate the particular subject matter in dispute (Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn], 42 NY2d 509). Although the labor agreement contains a broad arbitration clause requiring the submission to arbitration of all "grievances”, it also excepts from the term "grievance”, disciplinary proceedings…