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NASSAU CIV. SERV. v. BD. OF EDUC.

63 Misc.2d 49 (1970)

Nassau Chapter, Civil Service Employees Association, Inc., Plaintiff, v. Board of Education, Union Free School District No. 3, Town of Hempstead, Defendant.

Supreme Court, Special Term, Nassau County.

May 8, 1970

Attorney(s) appearing for the Case

Richard Gaba for plaintiff. Max Margules for defendant.

PAUL J. WIDLITZ, J.

Plaintiff moves to dismiss the affirmative defenses (CPLR 3211, subd. [b]) and for summary judgment. Defendant cross-moves to dismiss the complaint (CPLR 3211, subd. [a], par. 1), or in the alternative, to stay the action pending the exhaustion of the administrative grievance procedure of the school district. The alternative relief requested is wrongly denominated as to compel arbitration and to stay the action pending arbitration...

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