Matter of City of Yonkers v Yonkers Fire Fighters, Local 628
Motion No: 2011-00925
Slip Opinion No: 2011 NY Slip Op 64547(U)
Decided on February 17, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M115706

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-00925

In the Matter of City of Yonkers, appellant,

v Yonkers Fire Fighters, Local 628, IAFF,

AFL-CIO, respondent.

(Index No. 10-28797)

DECISION & ORDER ON MOTION

Motion by the appellant to stay arbitration of American Arbitration Association Case No. 13 300 02538 10 between the parties, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated January 20, 2011.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and the arbitration of American Arbitration Association Case No. 13 300 02538 10 between the parties is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 8, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 8, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ANGIOLILLO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court