IN RE: BOARD OF EDUCATION OF POUGHKEEPSIE CITY SCHOOL DISTRICT (1998)

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

IN RE: BOARD OF EDUCATION OF POUGHKEEPSIE CITY SCHOOL DISTRICT, Appellant, v. POUGHKEEPSIE PUBLIC SCHOOL TEACHERS ASSOCIATION, Respondent.

Decided: August 03, 1998

Before RITTER, J.P., SANTUCCI, JOY and FLORIO, JJ.

Shaw & Perelson, L.L.P., Highland (David S. Shaw, Lisa A. Schreiner and Jay M. Siegal, of counsel), for appellant. James R. Sandner, Albany (Kevin H. Harren, of counsel), for respondent.

In a proceeding pursuant to CPLR article 75 to stay arbitration, the petitioner appeals from an order of the Supreme Court, Dutchess County (Hillery, J.), dated June 23, 1997, which denied the petition and dismissed the proceeding.

ORDERED that the order is affirmed, with costs.

We agree with the Supreme Court's determination that the arbitration clause of the collective bargaining agreement in question is broad enough to encompass the parties' dispute. Any ambiguity as to whether the employee who is the subject of the dispute is covered by the collective bargaining agreement is a matter of contract interpretation for the arbitrator to resolve (see, Matter of Board of Coop. Educ. Servs. v. BOCES III Faculty Assn., 168 A.D.2d 616, 563 N.Y.S.2d 456; Matter of Sachem Cent. School Dist. [Sachem Cent. Teachers Assn.], 156 A.D.2d 568, 549 N.Y.S.2d 75; Matter of Board of Educ. of N. Babylon Union Free School Dist. v. North Babylon Teachers' Org., 121 A.D.2d 628, 503 N.Y.S.2d 1003).

The appellant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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