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Cnty. of Nassau v. Civil Serv. Emps. Ass'n

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 24, 2021
192 A.D.3d 1016 (N.Y. App. Div. 2021)

Opinion

2019–05775 Index No. 604452/18

03-24-2021

In the Matter of COUNTY OF NASSAU, appellant, v. CIVIL SERVICE EMPLOYEES ASSOCIATION, etc., respondent.

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola, N.Y. (Peter A. Bee, William C. De Witt, and Jason Greenfield of counsel), for appellant. Daren J. Rylewicz, Albany, N.Y. (Leslie C. Perrin and Aaron E. Kaplan of counsel), for respondent.


Bee Ready Fishbein Hatter & Donovan, LLP, Mineola, N.Y. (Peter A. Bee, William C. De Witt, and Jason Greenfield of counsel), for appellant.

Daren J. Rylewicz, Albany, N.Y. (Leslie C. Perrin and Aaron E. Kaplan of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., SYLVIA O. HINDS–RADIX, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of the respondent's grievance arising from a memorandum of agreement dated September 15, 2017, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered March 12, 2019. The order and judgment, upon an order of the same court dated December 7, 2018, denied the petition to permanently stay arbitration and granted the respondent's motion to compel arbitration.

ORDERED that the order and judgment is affirmed, with costs.

In March 2018, the petitioner, County of Nassau, commenced this proceeding pursuant to CPLR article 75 against the respondent, Civil Service Employees Association, A.F.S.C.M.E., Local 1000, A.F.L.-C.I.O., Local 830, to permanently stay arbitration. The petitioner alleged that it and the respondent are parties to a collective bargaining agreement, as well as a subsequent memorandum of agreement dated September 15, 2017 (hereinafter the agreement). The respondent submitted a grievance on behalf of its members alleging, inter alia, that its members were not receiving longevity payments in accordance with the agreement. The petitioner sought to permanently stay arbitration, contending that the agreement is invalid and unenforceable and that the issue is not arbitrable under the parties' collective bargaining agreement. The petitioner commenced a related action for a judgment declaring the agreement to be invalid, which is the subject of a related appeal ( County of Nassau v. Civil Service Employees Association, ––– A.D.3d ––––, 141 N.Y.S.3d 321 [decided herewith]).

In an order and judgment entered March 12, 2019, the Supreme Court denied the petition to permanently stay arbitration and granted the respondent's motion to compel arbitration. The petitioner appeals.

For the reasons stated in Matter of County of Nassau v. Detectives Assn., Inc. of the Police Dept. of Nassau County, 188 A.D.3d 1049, 137 N.Y.S.3d 77, we affirm the order and judgment.

CHAMBERS, J.P., HINDS–RADIX, DUFFY and CHRISTOPHER, JJ., concur.


Summaries of

Cnty. of Nassau v. Civil Serv. Emps. Ass'n

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 24, 2021
192 A.D.3d 1016 (N.Y. App. Div. 2021)
Case details for

Cnty. of Nassau v. Civil Serv. Emps. Ass'n

Case Details

Full title:In the Matter of County of Nassau, appellant, v. Civil Service Employees…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 24, 2021

Citations

192 A.D.3d 1016 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 1766
141 N.Y.S.3d 321