City of Syracuse v. S & S Environmental

Appellate Division of the Supreme Court of New York

City of Syracuse v. S & S Environmental

35 A.D.3d 1193, 826 N.Y.S.2d 541

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

DecidedDecember 22, 2006

StatusPublished

This text of 35 A.D.3d 1193 (City of Syracuse v. S & S Environmental) 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.

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City of Syracuse v. S & S Environmental, 35 A.D.3d 1193, 826 N.Y.S.2d 541 (N.Y. Ct. App. 2006).

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Opinion

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered July 27, 2005 in a proceeding pursuant to CPLR article 75. The order granted the petition for a permanent stay of arbitration.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum; Petitioner, City of Syracuse, commenced this proceeding to stay the arbitration demanded by respondent, S & S Environmental, pursuant to its contract with petitioner for the abatement of asbestos and demolition of a building formerly owned by petitioner. We agree with petitioner that the subject contract is invalid because it was executed by petitioner’s Commissioner of the Department of Community Development, who did not have the legal authority to do so, and the contract was never ratified by petitioner’s Common Council (see General Municipal Law § 103 [1]; Syracuse City Charter § 5-206C). We thus conclude that Supreme Court properly granted the petition for a permanent stay of arbitration.

Finally, we do not address respondent’s remaining contentions. Present—Hurlbutt, J.E, Gorski, Centra and Green, JJ.

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Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered July 27, 2005 in a proceeding pursuant to CPLR article 75. The order granted the petition for a permanent stay of arbitration.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum; Petitioner, City of Syracuse, commenced this proceeding to stay the arbitration demanded by respondent, S & S Environmental, pursuant to its contract with petitioner for the abatement of asbestos and demolition of a building formerly owned by petitioner. We agree with petitioner that the subject contract is invalid because it was executed by petitioner’s Commissioner of the Department of Community Development, who did not have the legal authority to do so, and the contract was never ratified by petitioner’s Common Council (see General Municipal Law § 103 [1]; Syracuse City Charter § 5-206C). We thus conclude that Supreme Court properly granted the petition for a permanent stay of arbitration.

Finally, we do not address respondent’s remaining contentions. Present—Hurlbutt, J.E, Gorski, Centra and Green, JJ.

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Bluebook (online)

35 A.D.3d 1193, 826 N.Y.S.2d 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-syracuse-v-s-s-environmental-nyappdiv-2006.

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