In re the Arbitration between Owen D. Young Central School District & Morris

278 A.D.2d 940, 718 N.Y.S.2d 683, 2000 N.Y. App. Div. LEXIS 13583

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 27, 2000
• Status: Published

Opinion

Order and judgment unanimously reversed on the law with costs, petition denied and cross application granted. Memorandum: Supreme Court erred in granting the petition for a stay of arbitration and denying respondent’s cross application to compel arbitration. There is a reasonable relationship between the disputed matter, i.e., prescription health benefits, and the broad arbitration clause that covers all grieved matters. Thus, the court erred in determining as a matter of law that the matter is not arbitrable; it is for the arbitrator to determine whether the disputed matter falls within the scope of the substantive provisions of the collective bargaining agreement (see, Matter of Board of Educ. [Water-town Educ. Assn.], 93 NY2d 132, 143). (Appeal from Order and Judgment of Supreme Court, Herkimer County, Kirk, J.— Arbitration.) Present — Pigott, Jr., P. J., Hayes, Wisner, Scudder and Lawton, JJ.