Matter of Troeller v New York City Dept. of Educ.

Matter of Troeller v New York City Dept. of Educ. 2009 NY Slip Op 08133 [67 AD3d 486] November 12, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

In the Matter of Robert J. Troeller, as President of Local 891, International Union of Operating Engineers, AFL-CIO, Appellant,
v
New York City Department of Education, Respondents.

—[*1] Spivak Lipton LLP, New York (Eric R. Greene of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for respondents.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 16, 2008, which denied the petition to confirm an arbitration award and dismissed this proceeding, unanimously affirmed, without costs.

The parties negotiated a settlement before the special master issued a decision. The stipulation between the parties precluded petitioner from commencing this proceeding, except to enforce the stipulation. Its nonwaiver provision relating to the parties' rights to pursue resolution of the jurisdictional issue, then pending before the special master, when read in the context of the entire stipulation, was clearly meant to preserve their rights to make jurisdictional arguments in future proceedings. Concur—Gonzalez, P.J., Friedman, Moskowitz, Renwick and DeGrasse, JJ.