Board of Education of City School District v. Lockport Education Ass'n

—Order unanimously affirmed, with costs. Memorandum: Although this is labeled a declaratory judgment action, its primary purpose is to avoid arbitration of a claimed violation of a collective bargaining agreement. Since CPLR 7503 provides the appropriate remedy for such relief, Special Term properly treated plaintiffs motion for a preliminary injunction as an application to stay arbitration (cf. Gaynor v Rockefeller, 15 NY2d 120, 132; Belmont Cent. School Dist. v Belmont Teachers Assn., 51 AD2d 653). On June 22, 1976 the plaintiff board abolished the position of school nurse teacher and…