MATTER OF CITY OF YONKERS v. CASSIDY

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Appellants chose to litigate this dispute in a declaratory judgment action ( 39 N.Y.2d 964). Having taken that course they waived the right to submit the question to arbitration (Matter of Zimmerman v Cohen, 236 N.Y. 15; cf. Denihan v Denihan, 34 N.Y.2d 307, 310; Hadjioannou v Avramides, 40 N.Y.2d 929, 931; Validity Enforceability of Provision for Binding Arbitration and Waiver Thereof, Ann., 24 ALR3d 1325).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.