Legal Opinion

In Re the Arbitration Between Buffalo Professional Firefighters Ass'n & City of Buffalo

New York Court of Appeals

Decided December 15, 2011No. Motion No: 2011-1156Published

1Opinion of the Court

Motion for reargument of motion for leave to appeal denied [see 17 NY3d 854 (2011)]. An order directing further arbitration proceedings, whether before the same or a different arbitrator, is not one finally determining a proceeding within the meaning of the Constitution (Matter of SOMA Partners, LLC v Northwest Biotherapeutics, Inc., 41 AD3d 257 [2007], Iv dismissed 9 NY3d 942 [2007]; Matter of Beard v Town of Newburgh, 259 AD2d 613 [1999], Iv dismissed 93 NY2d 958 [1999]; Matter of Sachem Cent. Teachers Assn. v Board of Educ. of Sachem Cent. School Dist., 227 AD2d 632 [1996], Iv dismissed 88…

2Cases cited4 opinions

  1. In re the Arbitration between Baar & Beards, Inc. & Oleg Cassini, Inc.New York Court of Appeals · 1972
  2. Beard v. Town of NewburghAppellate Division of the Supreme Court of the State of New York · 1999
  3. Sachem Central Teachers Ass'n v. Board of Education of Sachem Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
  4. SOMA Partners, LLC v. Northwest Biotherapeutics, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

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