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In re the Arbitration between Town of Saugerties & Town of Saugerties Policeman's Benevolent Ass'n

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

Decided January 26, 2012PublishedCited by 4 opinions

1Opinion of the CourtRose, J.

Courts determine arbitrability according to a two-prong test— whether the parties may arbitrate the dispute and, if so, *1265whether they in fact agreed to do so (see e.g. Matter of County of Chautauqua v Civil Serv. Empls. Assn., Local 1000, AFSCME, AFL-CIO, County of Chautauqua Unit 6300, Chautauqua County Local 807, 8 NY3d 513, 519 [2007]). Petitioners claim that arbitration fails under both prongs here because, they argue, resolution of the dispute requires the application or interpretation of the terms of a statute. They contend that public policy will not permit an arbitrator to apply or…

2Cases cited6 opinions

  1. In Re the Arbitration Between City of Johnstown & Johnstown Police Benevolent Ass'nNew York Court of Appeals · 2002
  2. County of Chautauqua v. Civil Service Employees Ass'n, Local 1000New York Court of Appeals · 2007
  3. In re the Arbitration between City of Elmira & Elmira Professional Firefighters' Ass'nAppellate Division of the Supreme Court of the State of New York · 2006
  4. In re the Arbitration between City of Plattsburgh & Plattsburgh Police Officers Union AFSCME Local 82Appellate Division of the Supreme Court of the State of New York · 1998
  5. In re the Arbitration between Barnes & Council 82, AFSCMEAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by4 opinions

  1. In re the Arbitration between Village of Horseheads & Horseheads Police Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 2012
  2. In Re the Arbitration Between Board of Education of the Catskill Central School District & Catskill Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 2015
  3. In re the Arbitration between County of Greene & Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 2015
  4. In re the Arbitration between County of Greene & Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 2015

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