Appellate Division of the Supreme Court of New York, 1997

In re the Arbitration between American Federation of State, County & Municipal Employees, Local 650, AFL-CIO

In re the Arbitration between American Federation of State, County & Municipal Employees, Local 650, AFL-CIO
Appellate Division of the Supreme Court of New York · Decided September 30, 1997
242 A.D.2d 873; 665 N.Y.S.2d 948; 1997 N.Y. App. Div. LEXIS 10414
In re the Arbitration between American Federation of State, County & Municipal Employees, Local 650, AFL-CIO

Opinion of the Court

Judgment and order unanimously affirmed with costs. Memorandum: Supreme Court did not abuse its discretion in denying respondent’s cross motion to stay enforcement of the judgment confirming the arbitration award. The action pending in Buffalo City Court does not warrant the

*874issuance of a stay because the parties and issues in that action are distinct from those in the instant proceeding (see, Bennell Hanover Assocs. v Neilson, 215 AD2d 710, 711). Further, respondent failed to demonstrate the existence of exceptional circumstances warranting a stay (see, Matter of Coburn v Coburn, 109 AD2d 984, 985). (Appeal from Judgment and Order of Supreme Court, Erie County, Howe, J.—Arbitration.) Present—Denman, P. J., Green, Lawton, Wisner and Balio, JJ.

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