CITY OF LONG BEACH v. CSEA


8 N.Y.3d 465 (2007)

867 N.E.2d 389

835 N.Y.S.2d 538

In the Matter of CITY OF LONG BEACH, Respondent, v. CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. LONG BEACH UNIT, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 2007.


Attorney(s) appearing for the Case

Law Offices of Louis D. Strober, Jr., LLC, Garden City (Louis D. Strober, Jr., of counsel), for appellant.

Corey E. Klein, Corporation Counsel, Long Beach, for respondent.

Judges GRAFFEO, READ, SMITH and JONES concur with Judge PIGOTT; Chief Judge KAYE dissents in part and votes to modify in a separate opinion in which Judge CIPARICK concurs.


OPINION OF THE COURT

PIGOTT, J.

Petitioner City of Long Beach (City) brought this CPLR article 75 proceeding to stay two arbitrations demanded by respondent Civil Service Employees Association, Inc.—Long Beach Unit (CSEA) on behalf of several terminated provisional employees. The central issue in this case is whether the subject claims are arbitrable under the terms of a Collective Bargaining Agreement...

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