Mariano v. Town of Orchard Park
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- VILLAGE OF KENMORE, MTR. OF (Appellate Division of the Supreme Court of New York 2014)
- In re Arbitration between Village of Kenmore & Kenmore Club Police Benevolent Ass'n (Appellate Division of the Supreme Court of New York 2014)
- In re Arbitration between Village of Kenmore & Kenmore Club Police Benevolent Ass'n (Appellate Division of the Supreme Court of New York 2014)
- ONONDAGA-CORTLAND-MADISON BD OF COO, MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- In re the Arbitration between Onondaga-Cortland-Madison Board of Cooperative Educational Services & Onondaga-Cortland-Madison Boces Federation of Teachers (Appellate Division of the Supreme Court of New York 2016)
- In re the Arbitration between Onondaga-Cortland-Madison Board of Cooperative Educational Services & Onondaga-Cortland-Madison Boces Federation of Teachers (Appellate Division of the Supreme Court of New York 2016)
- Matter of Village of Manlius (Town of Manlius Professional Firefighters Assn., Iaff Local 3316) (Appellate Division of the Supreme Court of New York 2020)
- Matter of City of Watertown (Watertown Professional Firefighters Assn., Local 191) (Appellate Division of the Supreme Court of New York 2019)
- Matter of Onondaga Community Coll. (Professional Adm'rs of Onondaga Community Coll. Fedn. of Teachers & Adm'rs) (Appellate Division of the Supreme Court of New York 2018)
- In re the Arbitration Between City of Watertown & Watertown Professional Firefighters' Ass'n Local 191 (Appellate Division of the Supreme Court of New York 2017)
- Thousand Islands Central School District v. Thousand Islands Education Ass'n (Appellate Division of the Supreme Court of New York 2017)
- CITY OF LOCKPORT, MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- In re Arbitration between City of Lockport & Lockport Professional Firefighters Ass'n (Appellate Division of the Supreme Court of New York 2016)
- In re Arbitration between City of Lockport & Lockport Professional Firefighters Ass'n (Appellate Division of the Supreme Court of New York 2016)
- CITY OF SYRACUSE, MTR. OF (Appellate Division of the Supreme Court of New York 2014)
- ALDEN CENTRAL SCHOOL DISTRICT, MTR. OF (Appellate Division of the Supreme Court of New York 2014)
- BUFF, PHILIP v. VILLAGE OF MANLIUS (Appellate Division of the Supreme Court of New York 2014)
- Buff v. Village of Manlius (Appellate Division of the Supreme Court of New York 2014)
- Buff v. Village of Manlius (Appellate Division of the Supreme Court of New York 2014)
- In re Arbitration Between Alden Central School District & Alden Central Schools Administrators' Ass'n (Appellate Division of the Supreme Court of New York 2014)
- In re Arbitration Between Alden Central School District & Alden Central Schools Administrators' Ass'n (Appellate Division of the Supreme Court of New York 2014)
- In re the Arbitration between City of Syracuse & Syracuse Police Benevolent Ass'n (Appellate Division of the Supreme Court of New York 2014)
- In re the Arbitration between City of Syracuse & Syracuse Police Benevolent Ass'n (Appellate Division of the Supreme Court of New York 2014)
- KENMORE-TOWN OF TONAWANDA UNION FRE, MTR. OF (Appellate Division of the Supreme Court of New York 2013)
- In re the Arbitration between Kenmore-Town of Tonawanda Union Free School District & Ken-Ton School Employees Ass'n (Appellate Division of the Supreme Court of New York 2013)
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
Memorandum: This dispute concerns health insurance coverage in a collective bargaining agreement (CBA) between the
In determining whether a claim is arbitrable in the public sector, courts must conduct a two-step inquiry (see Matter of Board of Educ. of Watertown City School Dist. [Watertown Educ. Assn.], 93 NY2d 132, 137-138 [1999]). First, a court must determine “ ‘whether there is any statutory, constitutional or public policy prohibition against arbitration of the grievance’ ” (Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 79 [2003]). Second, if there is no such prohibition against arbitrating the grievance at issue, then a court must determine “ ‘whether such authority was in fact exercised and whether the parties did agree by the terms of their particular arbitration clause to refer their differences in this specific area to arbitration’ ” (Board of Educ. of Watertown City School Dist., 93 NY2d at 138).
Here, there is no question that the first part of the inquiry was satisfied (see Matter of City of Ithaca [Ithaca Paid Fire Fighters Assn., IAFF, Local 737], 29 AD3d 1129, 1130-1131 [2006]). With respect to the second part of the inquiry, the fact that the retirees are not members of the PBA or represented by it in collective bargaining negotiations is not determinative in a threshold arbitrability analysis (see Ledain v Town of Ontario, 192 Misc 2d 247, 254-256 [2002], affd for the reasons stated 305 AD2d 1094 [2003]; Della Rocco v City of Schenectady, 252 AD2d 82, 84-85 [1998], lv dismissed 93 NY2d 1000 [1999]). Rather, issues concerning the PBA’s relationship to retired employees, issues concerning whether retirees are covered by the grievance
Case-law data current through December 31, 2025. Source: CourtListener bulk data.