In the Matter of the Arbitration Between BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION, INC., IAFF LOCAL 282, Respondent, and
CITY OF BUFFALO, Appellant.
Motion No: 2011-1156.
Court of Appeals of New York.
Submitted November 7, 2011. Decided December 15, 2011.*837 Motion for reargument of motion for leave to appeal denied [see 17 NY3d 854 (2011)]. An order directing further arbitration proceedings, whether before the same or a different arbitrator, is not one finally determining a proceeding within the meaning of the Constitution (Matter of SOMA Partners, LLC v Northwest Biotherapeutics, Inc., 41 AD3d 257 [2007], lv dismissed 9 NY3d 942 [2007]; Matter of Beard v Town of Newburgh, 259 AD2d 613 [1999], lv dismissed 93 NY2d 958 [1999]; Matter of Sachem Cent. Teachers Assn. v Board of Educ. of Sachem Cent. School Dist., 227 AD2d 632 [1996], lv dismissed 88 NY2d 1064 [1996]). Older cases to the contrary (e.g. Matter of Baar & Beards [Oleg Cassini, Inc.], 30 NY2d 649 [1972]) are no longer good law.