In re of the Arbitration between Town of Evans & International Brotherhood of Electrical Workers

Appeal and cross appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered September 2, 2003. The order denied the petition to stay arbitration, granted the counterclaim to compel arbitration, and denied the requests of petitioner and respondent for attorney’s fees and sanctions.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs to respondent.

Memorandum: Petitioner terminated Elmar Kiefer from his position as accountant for alleged incidents of sexual abuse and for misusing petitioner’s resources for matters…