Teachers Ass'n of the Tarrytowns v. Tarrytown Board of Education

Appellate Division of the Supreme Court of New York

Teachers Ass'n of the Tarrytowns v. Tarrytown Board of Education

59 A.D.2d 890, 399 N.Y.S.2d 45, 1977 N.Y. App. Div. LEXIS 14077

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

DecidedNovember 7, 1977

StatusPublished

Cited by6 cases

This text of 59 A.D.2d 890 (Teachers Ass'n of the Tarrytowns v. Tarrytown Board of Education) 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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Teachers Ass'n of the Tarrytowns v. Tarrytown Board of Education, 59 A.D.2d 890, 399 N.Y.S.2d 45, 1977 N.Y. App. Div. LEXIS 14077 (N.Y. Ct. App. 1977).

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Opinion

In a proceeding to confirm an arbitrator’s award, petitioner appeals from an order of the Supreme Court, Westchester County, dated April 30, 1976, which denied its application and granted the branch of respondent’s cross motion which sought to dismiss the petition on the ground of the Statute of Limitations. Order affirmed, with $50 costs and disbursements. The arbitration award was received on June 18, 1974. This award was final and no motion was presented to the arbitrator pursuant to CPLR 7509 to modify the award (cf. Matter of Belli [Bender & Co.], 24 AD2d 72). Appellant first petitioned to confirm the award on July 24, 1975, after the one-year period for the making of such an application had elapsed (see CPLR 7510). Therefore, the petition was properly dismissed. Latham, J. P., Cohalan, Rabin and Hawkins, JJ., concur.

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In a proceeding to confirm an arbitrator’s award, petitioner appeals from an order of the Supreme Court, Westchester County, dated April 30, 1976, which denied its application and granted the branch of respondent’s cross motion which sought to dismiss the petition on the ground of the Statute of Limitations. Order affirmed, with $50 costs and disbursements. The arbitration award was received on June 18, 1974. This award was final and no motion was presented to the arbitrator pursuant to CPLR 7509 to modify the award (cf. Matter of Belli [Bender & Co.], 24 AD2d 72). Appellant first petitioned to confirm the award on July 24, 1975, after the one-year period for the making of such an application had elapsed (see CPLR 7510). Therefore, the petition was properly dismissed. Latham, J. P., Cohalan, Rabin and Hawkins, JJ., concur.

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59 A.D.2d 890, 399 N.Y.S.2d 45, 1977 N.Y. App. Div. LEXIS 14077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teachers-assn-of-the-tarrytowns-v-tarrytown-board-of-education-nyappdiv-1977.

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