Appellate Division of the Supreme Court of New York, 1977

In re the Arbitration between Board of Education of the City School District & Newburgh Teachers' Ass'n

In re the Arbitration between Board of Education of the City School District & Newburgh Teachers' Ass'n
Appellate Division of the Supreme Court of New York · Decided June 27, 1977
58 A.D.2d 635
In re the Arbitration between Board of Education of the City School District & Newburgh Teachers' Ass'n

Opinion of the Court

— In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Orange County, entered March 15, 1977, which denied the application and directed it to proceed to arbitration. Order affirmed, without costs or disbursements. Questions of compliance with step-by-step grievance procedures contained in a collective bargaining agreement are issues of procedural arbitrability to be resolved by the arbitrator, not the court (Matter of City School Dist. of City of Poughkeepsie [Poughkeepsie Public School Teachers Assn.], 35 NY2d 599; Matter of Long Is. Lbr. Co. [Martin], 15 NY2d 380). Also, such disputes *637clearly fall within the ambit of the instant arbitration agreement. Latham, J. P., Shapiro, Hawkins and Suozzi, JJ., concur.

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