Opinion
June 2, 1998
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
Defendant's motion to stay arbitration of an issue arising in this action on the ground that the issue had been determined in an earlier arbitration between the parties was properly denied. Absent a showing that arbitration of the issue would violate the expressed public policy of the State, "any remaining questions, including whether a prior award constitutes a bar to the relief sought, are within the exclusive province of the arbitrator to resolve" (Board of Educ. v. Patchogue-Medford Congress of Teachers, 48 N.Y.2d 812, 813; see, Matter of Port Auth. v. Port Auth. Police Sergeants Benevolent Assn., 225 A.D.2d 503; Matter of Resnick v. Serlin, 119 A.D.2d 825).
Concur — Sullivan, J. P., Rosenberger, Rubin and Williams, JJ.