Opinion
May 26, 1998
Appeal from the Supreme Court, Orange County (Owen, J.)
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondents are awarded one bill of costs.
The petitioner Julia Gonzalez was terminated from her position with the County of Orange Department of Social Services. Pursuant to the collective bargaining agreement (hereinafter the agreement) between her employer and her union, she filed a "Step 1 grievance". After her termination was upheld, the petitioner commenced this proceeding to compel arbitration of her grievance. However, pursuant to the express terms of the agreement, only the petitioners union was entitled to demand arbitration of a grievance. Thus, this proceeding was properly dismissed ( see, e.g., County of Westchester v. Mahoney, 56 N.Y.2d 756; Matter of Town of New Castle v. L'Eplattenier, 236 A.D.2d 415).
Rosenblatt, J.P., Ritter, Altman and Krausman, JJ., concur.