| IN THE MATTER OF THE ARBITRATION BETWEEN CITY OF WATERTOWN, -; AND WATERTOWN PROFESSIONAL FIREFIGHTERS |
| Motion No: CA 16-01727 |
| Slip Opinion No: 2016 NY Slip Op 89796(U) |
| Decided on October 25, 2016 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01727
| IN THE MATTER OF THE ARBITRATION BETWEEN CITY OF WATERTOWN,
PETITIONER-APPELLANT; AND WATERTOWN PROFESSIONAL FIREFIGHTERS, RESPONDENT-RESPONDENT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Edward D. Carni on September 29, 2016, to stay the pending arbitration process, pending the hearing and determination of the appeal taken herein from an order of Supreme Court, County of Jefferson dated September 12, 2016,
Now, upon reading and filing the affirmation of Jonathan B. Fellows, Esq., dated September 28, 2016, said show cause order with proof of service thereof, the statement of Nathaniel G. Lambright, Esq., dated October 13, 2016, the affirmation of David P. Quinn, Esq., dated October 14, 2016, and the statement of Terry O'Neil, Esq., dated October 18, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the temporary stay contained in the show cause order bringing the motion on before the full Court is vacated, and
It is further ORDERED that the motion is denied on the ground that the appellant is entitled to a stay of the order dated September 12, 2016, pursuant to CPLR 5519 (a).
Memorandum: It is the opinion of this Court that all arbitration proceedings in this matter are stayed pending appeal (see Matter of Albany Port Dist. Commn. v Fitzpatrick Constr. Co., 115 AD2d 898).
Entered: October 25, 2016
Frances E. Cafarell, Clerk