Matter of Village of Fredonia v Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, Vil. of Fredonia Unit 6313 of Local 807 (2018 NY Slip Op 02058)

Matter of Village of Fredonia v Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, Vil. of Fredonia Unit 6313 of Local 807

2018 NY Slip Op 02058 [159 AD3d 1540]

March 23, 2018

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 2, 2018

[*1]

In the Matter of Village of Fredonia, Appellant-Respondent,
v
Civil Service Employees Association, Inc., Local 1000, AFSCME, Village of Fredonia Unit 6313 Of Local 807, Respondent-Appellant. (Appeal No. 1.)

Horton Law PLLC, Orchard Park (Scott P. Horton of counsel), for petitioner-appellant-respondent.

Fessenden, Laumer & Deangelo, PLLC, Jamestown (Charles S. Deangelo of counsel), for respondent-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Chautauqua County (Frank A. Sedita, III, J.), entered April 17, 2017, in a proceeding pursuant to CPLR article 75. The order, among other things, dismissed the petition to stay arbitration.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Matter of Jakubowicz v Village of Fredonia ([appeal No. 2] 159 AD3d 1540 [4th Dept 2018]). Present—Whalen, P.J., Smith, Lindley, DeJoseph and NeMoyer, JJ.