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

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.