In re Arbitration between Town of Niskayuna

Crew III, J.P. Appeal from an order and judgment of the Supreme Court (Kramer, J.), entered August 8, 2003 in Schenectady County, which granted petitioner’s application pursuant to CPLR 7503 to permanently stay arbitration between the parties.

Petitioner and respondent Niskayuna Police Benevolent Association are parties to a collective bargaining agreement (hereinafter CBA) containing a grievance procedure that concludes *914with arbitration. Respondent Billy J. Fortune, employed by petitioner’s police department, sustained an illness during the performance of his duties, as the result of which he…