Opinion
September 29, 2000.
Appeal from Judgment of Supreme Court, Erie County, Fahey, J. — Arbitration.
PRESENT: PIGOTT, JR., P. J., HAYES, WISNER, SCUDDER AND BALIO, JJ.
Judgment unanimously affirmed without costs.
Memorandum :
Supreme Court properly granted the petition seeking a permanent stay of arbitration. Respondent sought arbitration of an alleged violation of the 1989 Memorandum of Understanding between the parties but conceded that the Memorandum of Understanding was not incorporated into or made a part of their collective bargaining agreement. In the absence of a valid agreement between the parties evidencing an intent to arbitrate claims arising from alleged violations of the Memorandum of Understanding, the petition was properly granted ( see, Matter of Board of Educators v. Pine Plains Fedn. of Educators, 248 A.D.2d 612; County of Rockland v. Rockland County Unit of Rockland Community Coll. Fedn. of Teachers of N. Y. State United Teachers, 125 A.D.2d 531; see also, Matter of Marino v. Board of Educ., 262 A.D.2d 321; Matter of County of Dutchess [Bridgman], 144 A.D.2d 463, lv denied 75 N.Y.2d 701; cf., Matter of Board of Educ. v. Newburgh Teachers' Assn., 146 A.D.2d 769, lv denied 74 N.Y.2d 608).