Legal Opinion

In re the Arbitration between City of Ithaca & Civil Service Employees Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 2006PublishedCited by 1 opinion

1Opinion of the CourtMercure, J.

Appeal from a judgment of the Supreme Court (Relihan, Jr., J.), entered March 11, 2005 in Tompkins County, which granted petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

Petitioner employed David Hunt, the grievant represented by respondent, as a city truck driver. During a random drug test conducted by petitioner, Hunt was unable to produce a urine sample. He was thereafter ordered by a medical review officer (hereinafter MRO) to meet with his physician, who diagnosed him with a psychological condition that rendered him unable to produce a sample for…

2Cases cited6 opinions

  1. Eastern Associated Coal Corp. v. United Mine Workers, District 17Supreme Court of the United States · 2000
  2. New York City Transit Authority v. Transport Workers' Union of AmericaNew York Court of Appeals · 2005
  3. City of New York v. Uniformed Fire Officers Ass'nNew York Court of Appeals · 2000
  4. Riverhead Central School District v. Riverhead Central Faculty Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
  5. BD. OF EDUC., LAKELAND CENT. SCH. DIST. OF SHRUB OAK v. BarniNew York Court of Appeals · 1980

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3Cited by1 opinion

  1. Niagara Frontier Transportation Authority v. Niagara Frontier Transportation Authority Superior Officers Ass'nAppellate Division of the Supreme Court of the State of New York · 2010

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