Matter of City of Buffalo (Buffalo Police Benevolent Assn., Inc.)
2011 NY Slip Op 04861 [85 AD3d 1578]
June 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


In the Matter of the Arbitration Between City of Buffalo, Appellant, and Buffalo Police Benevolent Association, Inc., Respondent. (Appeal No. 2.)

—[*1] Goldberg Segalla LLP, Buffalo (Julie P. Apter of counsel), for petitioner-appellant.

Law Offices of W. James Schwan, Buffalo (W. James Schwan of counsel), for respondent-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 20, 2010 in a proceeding pursuant to CPLR article 75. The order denied the petition for a stay of arbitration.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the first ordering paragraph and dismissing the petition and as modified the order is affirmed without costs. Present—Smith, J.P., Peradotto, Carni, Sconiers and Martoche, JJ.