In re the Arbitration between Board of Education & Kmack

Appeal from an order of the Supreme Court (James, J.), entered January 31, 1994 in St. Lawrence County, which denied petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

Petitioner and respondent Potsdam Teachers’ Association (hereinafter the Association) were parties to a collective bargaining agreement which provided, inter alia, for a four-step grievance process, concluding in arbitration. Respondent Stephen Kmack was a member of the Association and a tenured teacher at Potsdam High School. In October 1989, Kmack was suspended by petitioner pending certain…