Opinion
11-09-2017
In the Matter of Arbitration Between Michelle WIDRICK, Petitioner–Respondent, and Sheriff Michael Carpinelli, Lewis County Sheriff's Department and Lewis County Attorney, Respondents–Appellants.
The Law Firm of Frank W. Miller, East Syracuse (Frank W. Miller of counsel), for Respondents–Appellants. O'Hara, O'Connell & Ciotoli, Fayetteville (Stephen Ciotoli of counsel), for Petitioner–Respondent.
The Law Firm of Frank W. Miller, East Syracuse (Frank W. Miller of counsel), for Respondents–Appellants.
O'Hara, O'Connell & Ciotoli, Fayetteville (Stephen Ciotoli of counsel), for Petitioner–Respondent.
MEMORANDUM : Petitioner commenced this CPLR article 75 proceeding seeking to compel arbitration of a purported grievance arising from the termination of her employment with respondent Lewis County Sheriff's Department. We agree with respondents that Supreme Court erred in granting the petition and in denying their motion to dismiss the petition. Pursuant to the express terms of the collective bargaining agreement between petitioner's union and the County of Lewis, only the union had the right to demand arbitration of a grievance arising from a dispute involving her employment. Here, the union made no demand for arbitration, and petitioner's demand for arbitration had no legal effect (see County of Westchester v. Mahoney, 56 N.Y.2d 756, 758 [1982] ; Matter of Gonzalez v. County of Orange Dept. of Social Servs.,250 A.D.2d 849, 850, 673 N.Y.S.2d 467 [2d Dept.1998] ; East Ramapo Cent. Sch. Dist. v. Symanski, 90 A.D.2d 821, 821–822, 456 N.Y.S.2d 22 [2d Dept.1982] ).
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed.
WHALEN, P.J., CENTRA, LINDLEY, TROUTMAN, and WINSLOW, JJ., concur.