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LOCUST VALLEY CENTRAL SCHOOL DIST. v. BENSTOCK

2014-08238, Index Nos. 5808/13, 13085/13.

144 A.D.3d 758 (2016)

2016 NY Slip Op 07299

41 N.Y.S.3d 241

LOCUST VALLEY CENTRAL SCHOOL DISTRICT, Plaintiff, v. JOHN BENSTOCK, Defendant. (Matter No. 1.) In the Matter of LOCUST VALLEY CENTRAL SCHOOL DISTRICT, Appellant, v. LOCUST VALLEY TEACHERS' ASSOCIATION, Respondent. (Matter No. 2.)

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

Decided November 9, 2016.

Ordered that the order is affirmed, with costs.

"`The determination of whether a dispute between a public sector employer and employee is arbitrable is subject to [a] two-prong test'" (Matter of County of Rockland v Correction Officers Benevolent Assn. of Rockland County, Inc., 126 A.D.3d 694, 695 [2015], quoting Matter of Board of Educ. of Deer Park Union Free School Dist. v Deer Park Teachers' Assn.,

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