Appellate Division of the Supreme Court of New York, 1978

East Ramapo Central School District v. East Ramapo Teachers Ass'n

East Ramapo Central School District v. East Ramapo Teachers Ass'n
Appellate Division of the Supreme Court of New York · Decided April 24, 1978
62 A.D.2d 1049; 404 N.Y.S.2d 131; 1978 N.Y. App. Div. LEXIS 11132
East Ramapo Central School District v. East Ramapo Teachers Ass'n

Opinion of the Court

In a proceeding to stay arbitration, the appeal is from a judgment of the Supreme Court, Rockland County, dated September 20, 1977, which granted the application. Judgment affirmed, without costs or disbursements. The teachers’ association seeks to arbitrate the issue whether a provision in the collective bargaining agreement between that association and the East Ramapo Central School District granting tenure credit to part-time teachers is valid and enforceable. This same issue has been presented to this court in four proceedings pursuant to CPLR article 78 brought by teachers who have taught part-time in the East Ramapo Central School District. We have held in those proceedings that the provision is valid and enforceable. The issue is therefore no longer a subject for arbitration, and it is no longer necessary for this court to decide the question of its arbitrability (see Matter of Schlosser v Board of Educ., 62 AD2d 207). Hopkins, J. P., Martuscello, Latham and Gulotta, JJ., concur.

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