Decided May 13, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE D. BURCHELL, J.
Samuel S. Yasgur, County Attorney ( Jane Bilus Gould of counsel), for appellant.
Daniel P. Levitt for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed, with costs, the petition to stay arbitration granted and the cross petition to compel arbitration dismissed. Our reading of the collective bargaining agreement as a whole establishes the parties' plain and unambiguous intent to limit the right to demand step 3 grievance arbitration to the college and the union. Accordingly, respondent faculty member's arbitration demand was without legal effect (cf. Matter of Horseheads Cent. School Dist. [ Horsehead Teachers' Assn.], 55 N.Y.2d 949).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.