Cnty. of Nassau v. Detectives Ass'n, Inc. of the Police Dep't of Nassau Cnty.

• Decision Date: 18 November 2020
• Docket Number: 2019–05754,Index No. 604622/18
• Citation: 137 N.Y.S.3d 77,188 A.D.3d 1049
• Parties: In the Matter of COUNTY OF NASSAU, appellant, v. DETECTIVES ASSOCIATION, INC. OF the POLICE DEPARTMENT OF NASSAU COUNTY, respondent.
• Court: New York Supreme Court — Appellate Division

188 A.D.3d 1049
137 N.Y.S.3d 77

In the Matter of COUNTY OF NASSAU, appellant,
v.
DETECTIVES ASSOCIATION, INC. OF the POLICE DEPARTMENT OF NASSAU COUNTY, respondent.

2019–05754
Index No. 604622/18

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

Argued—October 20, 2020
November 18, 2020

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola, N.Y. (Peter A. Bee, William C. DeWitt, and Jason Greenfield of counsel), for appellant.

Steven E. Losquadro, P.C., Rocky Point, N.Y. (John Ciampoli of counsel), for respondent.

SHERI S. ROMAN, J.P., COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.

137 N.Y.S.3d 79

DECISION & ORDER

188 A.D.3d 1049

ORDERED that the order and judgment is affirmed, with costs.

The County of Nassau and the Detectives Association, Inc., of the Police Department of Nassau County (hereinafter the DAI) are parties to a collective bargaining agreement (hereinafter the CBA). In 2018, pursuant to the procedures set forth in the CBA, the DAI submitted a grievance alleging that its members were not receiving longevity payments in accordance with a memorandum of agreement dated September 15, 2017 (hereinafter the MOA). By verified petition, the County commenced the instant proceeding pursuant to CPLR article 75 to permanently stay arbitration. The DAI moved to dismiss the petition and to compel the County to submit to arbitration. The Supreme Court denied the petition and granted the DAI's motion to compel arbitration. The County appeals. We affirm.

"[A] party who has not participated in the arbitration and who has not made or been served with an application to compel arbitration, may apply to stay arbitration on the ground that a valid agreement was not made or has not been complied with" ( CPLR 7503[b] ). "The ‘valid agreement’ referred to in CPLR 7503 concerns a valid agreement to arbitrate" ( Matter of Prinze [Jonas], 38 N.Y.2d 570, 577, 381 N.Y.S.2d 824, 345 N.E.2d 295 ). "Thus even when it is alleged ... that the contract itself is invalid in its entirety, the court's role is still confined to determining the validity of the arbitration clause alone" ( id. at 577, 381 N.Y.S.2d 824, 345 N.E.2d 295 ). "If the arbitration...