Board of Education v. Port Washington Teachers Ass'n

Appellate Division of the Supreme Court of New York

Board of Education v. Port Washington Teachers Ass'n

42 A.D.2d 851, 346 N.Y.S.2d 842, 1973 N.Y. App. Div. LEXIS 3628

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 13, 1973

StatusPublished

This text of 42 A.D.2d 851 (Board of Education v. Port Washington Teachers Ass'n) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Education v. Port Washington Teachers Ass'n, 42 A.D.2d 851, 346 N.Y.S.2d 842, 1973 N.Y. App. Div. LEXIS 3628 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a proceeding to stay arbitration pursuant to CPLR 7503 (subd. [c]), petitioner appeals, as limited by his brief,from an order of the Supreme Court, Nassau County, dated February 14, 1973, which on reargument adhered to the original decision granting respondent’s cross motion to dismiss the petition on the ground of lack of jurisdiction due to defective service (CPLR 3211, subd. [a], par. 8). Order reversed insofar as appealed from, on the law, and respondent’s cross motion to dismiss pursuant to CPLR 3211 (subd. [a], par. 8) is denied without costs. The notice of petition to stay arbitration herein was sent by certified mail, return receipt requested, to the respondent’s president at the address designated by the latter. Consequently, it met the requirements of CPLR 7503 (subd. [c]) and was timely sent by posting within the ten-day period (CPLR 7503, subd. [c]; Matter of Knickerbocker Ins. Go. v. Gilbert, 28 N Y 2d 57). Hopkins, Acting P. J., Munder, Latham and Benjamin, JJ., concur.

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In a proceeding to stay arbitration pursuant to CPLR 7503 (subd. [c]), petitioner appeals, as limited by his brief,from an order of the Supreme Court, Nassau County, dated February 14, 1973, which on reargument adhered to the original decision granting respondent’s cross motion to dismiss the petition on the ground of lack of jurisdiction due to defective service (CPLR 3211, subd. [a], par. 8). Order reversed insofar as appealed from, on the law, and respondent’s cross motion to dismiss pursuant to CPLR 3211 (subd. [a], par. 8) is denied without costs. The notice of petition to stay arbitration herein was sent by certified mail, return receipt requested, to the respondent’s president at the address designated by the latter. Consequently, it met the requirements of CPLR 7503 (subd. [c]) and was timely sent by posting within the ten-day period (CPLR 7503, subd. [c]; Matter of Knickerbocker Ins. Go. v. Gilbert, 28 N Y 2d 57). Hopkins, Acting P. J., Munder, Latham and Benjamin, JJ., concur.

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Bluebook (online)

42 A.D.2d 851, 346 N.Y.S.2d 842, 1973 N.Y. App. Div. LEXIS 3628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-port-washington-teachers-assn-nyappdiv-1973.