Legal Opinion
In re National Amusements, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 1994PublishedCited by 1 opinion
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioner appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated October 7,1993, which denied the application.
Ordered that the order is affirmed, with costs.
Questions of compliance with step-by-step grievance procedures in a collective bargaining agreement, prior to formal and final binding arbitration, are questions of procedural arbitrability to be resolved by the arbitrator (see, Matter of Enlarged City School Dist. [Troy Teachers Assn.], 69 NY2d 905, 907; Matter of Policemen’s…
2Cases cited3 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- In Re the Arbitration Between Enlarged City School District & Troy Teachers Ass'nNew York Court of Appeals · 1987
- Policemen's Benevolent Ass'n v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by1 opinion
- Westchester County Correction Officers Benevolent Ass'n v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1998