Opinion
June 1, 1998
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, the advisory arbitrator's recommendation never became binding upon the County. Therefore, the court properly dismissed this CPLR article 75 proceeding (see, Matter of Civil Serv. Empls. Assn. v. County of Nassau, 249 A.D.2d 472; Rush Empls. United v. McCarthy, 76 N.Y.2d 781).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.