| Matter of Buffalo Professional Firefighters Assn., Inc., IAFF Local 282 v City of Buffalo |
| Motion No: 2011-1156 |
| Slip Opinion No: 2011 NY Slip Op 92307 |
| Decided on December 15, 2011 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
In the Matter of Buffalo Professional Firefighters Association, Inc., IAFF Local 282,
Respondent,
v
City of Buffalo,
Appellant.
Motion for reargument of motion for leave to appeal denied. An order directing further arbitration proceedings, whether before the same or a different arbitrator, is not one finally determining a proceeding within the meaning of the Constitution (Matter of SOMA Partners v Northwest Biotherapeutics, Inc., times.ttf lv dismissed 9 NY3d 942 [2007];Matter of Beard v Town of Newburgh, times.ttf lv dismissed 93 NY2d 958 [1999];Matter of Sachem Cent. Teachers Assn. v Board of Educ. of Sachem Cent. School Dist.,lv dismissed 88 NY2d 1064 [1996]). Older cases to the contrary (e.g. times.ttf Matter of Baar & Beards, Inc. [Oleg Cassini, Inc.], 30 NY2d 649 [1972]) are no longer good law.