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MATTER OF TOWN OF TUXEDO v. TOWN OF TUXEDO POLICE BENEVOLENT ASSOCIATION

2009-10496, 2009-10498.

78 A.D.3d 849 (2010)

911 N.Y.S.2d 124

In the Matter of TOWN OF TUXEDO, Appellant, v. TOWN OF TUXEDO POLICE BENEVOLENT ASSOCIATION, Respondent. (Proceeding No. 1.) In the Matter of TOWN OF TUXEDO, Appellant, v. TOWN OF TUXEDO POLICE BENEVOLENT ASSOCIATION, Respondent. (Proceeding No. 2.)

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

Decided November 9, 2010.

Ordered that the appeal from the first order dated September 30, 2009, is dismissed as academic in light of our determination on the appeal from the second order dated September 30, 2009; and it is further,

Ordered that the second order dated September 30, 2009, is reversed, on the law, and the petition in proceeding No. 2 to permanently stay arbitration is granted; and it is further,

Ordered that one bill of costs is awarded to the petitioner.

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