
    In the Matter of the Arbitration Between Buffalo Professional Firefighters Association, Inc., IAFF Local 282, Respondent, and City of Buffalo, Appellant.
    Submitted November 7, 2011;
    decided December 15, 2011
    Reported below, 79 AD3d 1737.
   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], Iv dismissed 9 NY3d 942 [2007]; Matter of Beard v Town of Newburgh, 259 AD2d 613 [1999], Iv dismissed 93 NY2d 958 [1999]; Matter of Sachem Cent. Teachers Assn. v Board of Educ. of Sachem Cent. School Dist., 227 AD2d 632 [1996], Iv dismissed 88 NY2d 1064 [1996]). Older cases to the contrary (e.g. Matter of Boar & Beards [Oleg Cassini, Inc.], 30 NY2d 649 [1972]) are no longer good law.  