MATTER OF S. COLONIE SCH. DIST.


46 N.Y.2d 521 (1979)

In the Matter of the Arbitration between South Colonie Central School District, Respondent, and South Colonie Teachers Association et al., Appellants.

Court of Appeals of the State of New York.

Decided March 22, 1979.


Attorney(s) appearing for the Case

Susan M. Topper and Bernard F. Ashe for appellants.

C. Theodore Carlson for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge JASEN.


JASEN, J.

In this special proceeding brought pursuant to CPLR 7503, respondent seeks a permanent stay of arbitration demanded by appellants on the ground that the grievance sought to be arbitrated is the subject matter of a disciplinary charge filed against the grievant and, therefore, lies outside the scope of the parties' agreement to submit their disputes to binding arbitration.

The pertinent facts...

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