Marabello v. Allied Maintenance Corp.

Appellate Division of the Supreme Court of New York

Marabello v. Allied Maintenance Corp.

23 A.D.2d 503, 256 N.Y.S.2d 528, 1965 N.Y. App. Div. LEXIS 4998

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

DecidedJanuary 25, 1965

StatusPublished

Cited by1 cases

This text of 23 A.D.2d 503 (Marabello v. Allied Maintenance Corp.) 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

Marabello v. Allied Maintenance Corp., 23 A.D.2d 503, 256 N.Y.S.2d 528, 1965 N.Y. App. Div. LEXIS 4998 (N.Y. Ct. App. 1965).

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Opinion

In a proceeding by petitioner, who is a member of Local 813 of the Private Sanitation Union and an employee of the Allied Maintenance Corporation which was engaged in the removal of refuse at the Few York World’s Fair, to stay a pending arbitration between the Union and Allied Maintenance Corporation pursuant to a contract between them, as to whether good cause existed for the petitioner’s discharge by reason of an alleged assault committed by him at the Fair grounds, the said corporation appeals from an order of the Supreme Court, Kings County, dated October 20, 1964, which granted petitioner’s application and stayed the arbitration “until the conclusion” of a pending indictment against him for the crime of assault or "until April 1, 1965, whichever is sooner.” Order modified by changing ,the specified date of April 1, 1965 to March 1, 1965, As so modified, order affirmed, without costs. In our opinion, while the Special Term properly exercised its discretion in granting the stay, the stay should terminate not later than March 1, 1965 in any event. The arbitration hearing should not be delayed beyond that date, since the Few York World’s Fair is scheduled to be reopened in April, 1965 and it is- obviously important that the propriety of petitioner’s discharge be determined prior to such reopening. Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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In a proceeding by petitioner, who is a member of Local 813 of the Private Sanitation Union and an employee of the Allied Maintenance Corporation which was engaged in the removal of refuse at the Few York World’s Fair, to stay a pending arbitration between the Union and Allied Maintenance Corporation pursuant to a contract between them, as to whether good cause existed for the petitioner’s discharge by reason of an alleged assault committed by him at the Fair grounds, the said corporation appeals from an order of the Supreme Court, Kings County, dated October 20, 1964, which granted petitioner’s application and stayed the arbitration “until the conclusion” of a pending indictment against him for the crime of assault or "until April 1, 1965, whichever is sooner.” Order modified by changing ,the specified date of April 1, 1965 to March 1, 1965, As so modified, order affirmed, without costs. In our opinion, while the Special Term properly exercised its discretion in granting the stay, the stay should terminate not later than March 1, 1965 in any event. The arbitration hearing should not be delayed beyond that date, since the Few York World’s Fair is scheduled to be reopened in April, 1965 and it is- obviously important that the propriety of petitioner’s discharge be determined prior to such reopening. Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

23 A.D.2d 503, 256 N.Y.S.2d 528, 1965 N.Y. App. Div. LEXIS 4998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marabello-v-allied-maintenance-corp-nyappdiv-1965.

Opinion

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