Opinion
Motion No: 2011-1156
12-15-2011
In the Matter of Buffalo Professional Firefighters Association, Inc., IAFF Local 282, Respondent, v. City of Buffalo, Appellant.
Motion for reargument of motion for leave to appeal denied. An order directing further arbitration proceedings, whether before the same or a different arbitrator, is not one finally determining a proceeding within the meaning of the Constitution (Matter of SOMA Partners v Northwest Biotherapeutics, Inc., times.ttf lv dismissed 9 NY3d 942 [2007];Matter of Beard v Town of Newburgh, times.ttf lv dismissed 93 NY2d 958 [1999];Matter of Sachem Cent. Teachers Assn. v Board of Educ. of Sachem Cent. School Dist.,lv dismissed 88 NY2d 1064 [1996]). Older cases to the contrary (e.g. times.ttf Matter of Baar & Beards, Inc. [Oleg Cassini, Inc.], 30 NY2d 649 [1972]) are no longer good law.