Opinion
Argued May 30, 1978
Decided July 6, 1978
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALBERT S. McGROVER, J.
Gerald H. Horowitz and Joseph Bulgatz for appellant.
Judith P. Vladeck and Thomas M. Kennedy for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The question of whether the procedural requirements of the collective bargaining agreement for seeking arbitration were followed is for the arbitrator to resolve. (Matter of City School Dist. of City of Poughkeepsie [Poughkeepsie Public School Teachers Assn.], 35 N.Y.2d 599, 607). This principle applies regardless of whether the grievant took any action on the grievance prior to the expiration of the agreement where, as here, the grievance arose prior to the expiration of the agreement.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order affirmed.