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In the Matter of LYNN WESTERN, as Superintendent of Schools of Gorham-Middlesex Central School District, et al., Respondents, v. MALCOLM MACKENZIE, as President of the Marcus Whitman Teachers' Association, et al., Appellants.

Order unanimously affirmed with costs. Memorandum: We reject respondents' contention that the cooperative service contract entered into between petitioner Board of Education of Gorham-Middlesex Central School District and the Wayne-Finger Lakes Board of Cooperative Education Services for the provision of itinerant teaching services for a one-half time Spanish teacher (see, Education Law § 1950 [bb] [3]) fell within the ambit of the grievance provision of the parties' collective bargaining agreement. In our view, respondents' demand for arbitration failed to satisfy either of the Liverpool inquiries (see, Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 N.Y.2d 509). Thus, Supreme Court properly granted petitioners' application to stay arbitration (see, CPLR 7503 [b]).

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MATTER OF WESTERN v. MacKENZIE
(Nov 18, 1992)