IN RE: Julia GONZALEZ

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

IN RE: Julia GONZALEZ, Appellant, v. COUNTY OF ORANGE DEPARTMENT OF SOCIAL SERVICES, et al., Respondents.

Decided: May 26, 1998

Before ROSENBLATT, J.P., and RITTER, ALTMAN and KRAUSMAN, JJ. Michael H. Sussman, Goshen (Stephen Bergstein, of counsel), for appellant. Epstein Becker & Green, P.C., New York City (Dean L. Silverberg and Lawrence Peikes, of counsel), for respondents.

In a proceeding pursuant to CPLR article 75 to compel arbitration, the petitioner appeals from (1) a decision of the Supreme Court, Orange County (Owen, J.), dated November 3, 1997, and (2) a judgment of the same court, dated December 2, 1997, entered upon the decision, which denied the petition and dismissed the proceeding.

ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718);  and it is further,

ORDERED that the judgment is affirmed;  and it is further,

ORDERED that the respondents are awarded one bill of costs.

The petitioner Julia Gonzalez was terminated from her position with the County of Orange Department of Social Services.   Pursuant to the collective bargaining agreement (hereinafter the agreement) between her employer and her union, she filed a “Step 1 grievance”.   After her termination was upheld, the petitioner commenced this proceeding to compel arbitration of her grievance.   However, pursuant to the express terms of the agreement, only the petitioner's union was entitled to demand arbitration of a grievance.   Thus, this proceeding was properly dismissed (see, e.g., County of Westchester v. Mahoney, 56 N.Y.2d 756, 452 N.Y.S.2d 21, 437 N.E.2d 280;  Matter of Town of New Castle v. L'Eplattenier, 236 A.D.2d 415, 653 N.Y.S.2d 619).

MEMORANDUM BY THE COURT.

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