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Matter of Dobbs Ferry v. Dobbs Ferry

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 1979
71 A.D.2d 673 (N.Y. App. Div. 1979)

Opinion

July 30, 1979


In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from a judgment of the Supreme Court, Westchester County, dated January 8, 1979, which granted the application. Judgment affirmed, with $50 costs and disbursements. The dispute here revolves around the question of whether petitioner, in terminating Frances Stuckmann, a CETA employee, was obligated to comply with section 3 of article 2 of the collective bargaining agreement governing, inter alia, requirements as to the timing of termination notices. Special Term correctly concluded that Stuckmann was an employee of the Town of Greenburgh and not of petitioner, and as such, as a matter of law, was not covered by the collective bargaining agreement. She may therefore not invoke the arbitration procedures of the collective bargaining agreement because it cannot be concluded that the parties have demonstrated a "clear, unequivocal" intention to arbitrate disputes such as this (see Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 N.Y.2d 509, 514). Mollen, P.J., Damiani, O'Connor and Rabin, JJ., concur.


Summaries of

Matter of Dobbs Ferry v. Dobbs Ferry

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 1979
71 A.D.2d 673 (N.Y. App. Div. 1979)
Case details for

Matter of Dobbs Ferry v. Dobbs Ferry

Case Details

Full title:In the Matter of DOBBS FERRY UNION FREE SCHOOL DISTRICT, Respondent, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 30, 1979

Citations

71 A.D.2d 673 (N.Y. App. Div. 1979)