MATTER OF CITY OF NEWBURGH v. DEGIDIO


273 A.D.2d 468 (2000)

712 N.Y.S.2d 360

In the Matter of CITY OF NEWBURGH, Respondent, v. JOSEPH DEGIDIO et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 26, 2000.


Ordered that the order is reversed, on the law, with costs, the petition is denied, and the parties are directed to proceed to arbitration.

The collective bargaining agreement at issue does not contain an express provision making compliance with the time limitations set forth in the grievance procedure a condition precedent to binding arbitration. In the absence of such an express provision, the issues related to compliance with the time limitations set forth in the...

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