IN RE: Application of STATE of New York-UNIFIED COURT SYSTEM (1999)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of STATE of New York-UNIFIED COURT SYSTEM, Petitioner-Respondent, For a Judgment, etc., v. COURT ATTORNEYS ASSOCIATION OF the CITY OF NEW YORK, Respondent-Appellant.

Decided: December 14, 1999

SULLIVAN, J.P., NARDELLI, WALLACH, SAXE and FRIEDMAN, JJ.

Kenneth Falk, for Petitioner-Respondent. Ralph Wood, for Respondent-Appellant.

Judgment, Supreme Court, New York County (William Davis, J.), entered June 9, 1999, which granted petitioner's application pursuant to CPLR article 75 to stay arbitration demanded by respondent, unanimously affirmed, without costs.

The fact that the subject collective bargaining agreement provides that certain court employees shall receive increments for which they are eligible pursuant to Judiciary Law § 37 does not require petitioner to submit a dispute over the interpretation of the statute to binding arbitration as a grievance dispute (see, New York City Dept. of Probation v. MacDonald, 205 A.D.2d 372, 613 N.Y.S.2d 378; Matter of Barnes, 235 A.D.2d 695, 652 N.Y.S.2d 650). The correct method of determining the validity of the Comptroller's construction of the statute is by CPLR article 78 proceeding, which respondent has commenced, and which has been stayed pending resolution of this appeal.

MEMORANDUM DECISION.

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