In re the Arbitration between City of Johnstown & Johnstown Police Benevolent Ass'n

Appeal from an order of the Supreme Court (Best, J.), entered March 7, 2001 in Fulton County, which granted petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

Respondent is the collective bargaining agent for the employees of petitioner’s police department. The parties entered into a collective bargaining agreement (hereinafter the CBA), which provided, inter alia, that department employees would be provided retirement benefits based upon average earnings during the 12-month period prior to retirement pursuant to Retirement and Social Security Law § 302 (9)…