Appellate Division of the Supreme Court of New York, 1986

County of Rockland v. Rockland County Unit

Appellate Division of the Supreme Court of New York · Decided December 22, 1986

125 A.D.2d 531; 509 N.Y.S.2d 608; 1986 N.Y. App. Div. LEXIS 62831

Cases that cite this one

6 later published cases cite this decision.

In re the Arbitration between County of Dutchess & Bridgman (Appellate Division of the Supreme Court of New York 1988)
In re the Arbitration between Niagara Frontier Transportation Authority & NFTA Police Benevolent Ass'n (Appellate Division of the Supreme Court of New York 2000)
Board of Education of Pine Plains Central School District v. Pine Plains Federation of Educators, Inc. (Appellate Division of the Supreme Court of New York 1998)
In re the Arbitration between West Genesee Central School District (Appellate Division of the Supreme Court of New York 1995)
Triborough Bridge & Tunnel Authority v. Local 1931, District Council 37, American Federation of State, County & Municipal Employees (Appellate Division of the Supreme Court of New York 1992)
Board of Education v. Newburgh Teachers' Ass'n (Appellate Division of the Supreme Court of New York 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from a judgment of the Supreme Court, Rockland County (Martin, J.), dated July 15, *5321985, which granted the petitioner’s application to stay arbitration.

Ordered that the judgment is affirmed, with costs.

Special Term did not err in granting the petitioner’s application since the claim sought to be arbitrated was outside the scope of the arbitration provisions of the parties’ collective bargaining agreement. The instant claim arises out of an alleged violation of the grievance procedures under "Appendix D” of the "Rockland Community College Grievance Procedure for the Review of Allegations of Illegal Discrimination or Sexual Harassment”. The appellants concede that appendix D was not incorporated into or made a part of the collective bargaining agreement. In the absence of a valid and specific agreement between the parties evidencing an intent to arbitrate claims arising under appendix D, the petitioner’s motion to stay arbitration was properly granted (see, Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1, 7; Matter of Board of Educ. v West Babylon Teachers Assn., 52 NY2d 1002). Mollen, P. J., Lazer, Bracken and Kooper, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.