DiNonno v. Schutz

Appellate Division of the Supreme Court of New York

DiNonno v. Schutz

261 A.D.2d 473, 687 N.Y.S.2d 302, 1999 N.Y. App. Div. LEXIS 4746

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

DecidedMay 10, 1999

StatusPublished

This text of 261 A.D.2d 473 (DiNonno v. Schutz) 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

DiNonno v. Schutz, 261 A.D.2d 473, 687 N.Y.S.2d 302, 1999 N.Y. App. Div. LEXIS 4746 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding pursuant to CPLR 7511 to confirm an arbitration award dated April 18, 1996, Robert N. Schütz appeals from an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated May 21, 1998, which denied his motion to vacate a judgment of the same court dated January 23,1997, confirming the award upon his default in appearing in the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

[474]*474We reject the appellant’s contention that he demonstrated either a reasonable excuse for his default or that the Supreme Court lacked jurisdiction to render the judgment (see, CPLR 5015 [a] [1], [4]). Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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—In a proceeding pursuant to CPLR 7511 to confirm an arbitration award dated April 18, 1996, Robert N. Schütz appeals from an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated May 21, 1998, which denied his motion to vacate a judgment of the same court dated January 23,1997, confirming the award upon his default in appearing in the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

[474]*474We reject the appellant’s contention that he demonstrated either a reasonable excuse for his default or that the Supreme Court lacked jurisdiction to render the judgment (see, CPLR 5015 [a] [1], [4]). Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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Bluebook (online)

261 A.D.2d 473, 687 N.Y.S.2d 302, 1999 N.Y. App. Div. LEXIS 4746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dinonno-v-schutz-nyappdiv-1999.