Opinion
2002-09262
Argued May 30, 2003.
June 23, 2003.
In a proceeding pursuant to CPLR article 75 for a permanent stay of arbitration, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Werner, J.), entered September 10, 2002, which denied the petition and dismissed the proceeding.
Kevin A. Seaman, Stony Brook, N.Y., for appellant.
James R. Sandner, New York, N.Y. (Pamela Patton Fynes of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., ROBERT W. SCHMIDT, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly denied the petition for a permanent stay of arbitration. The demand for arbitration contained a claim of violation of the procedural aspects of the parties' collective bargaining agreement and it is premature at this juncture to presume that the remedy to be awarded at arbitration will violate public policy (see Matter of Port Washington Union Free School Dist. v. Port Washington Teachers Assn., 45 N.Y.2d 411; Matter of Board of Educ. of Greenburgh No. 11 Union Free School Dist. v. Greenburgh No. 11 Fedn. of Teachers, 172 A.D.2d 518; Matter of Board of Educ. of Enlarged City School Dist. of City of Newburgh v. Newburgh Teachers' Assn., 146 A.D.2d 769; Matter of Riverhead Cent. School Dist. of Towns of Riverhead, Southampton Brookhaven v. Riverhead Cent. Faculty Assn., 140 A.D.2d 526).
FEUERSTEIN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.