West Islip Union Free School District v. Miller

Appellate Division of the Supreme Court of New York

West Islip Union Free School District v. Miller

65 A.D.2d 773, 410 N.Y.S.2d 6, 1978 N.Y. App. Div. LEXIS 13613

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1978·Published

Opinion

In a proceeding to stay arbitration, the appeal is from a judgment of the Supreme Court, Suffolk County, dated June 6, 1978, which [774] granted the application. Judgment affirmed, without costs or disbursements. Service of the demand for arbitration by ordinary mail did not comply with CPLR 7503 (subd [c]), which requires that such a demand be served in the same manner as a summons or by registered or certified mail, return receipt requested. Such improper service constituted sufficient grounds to stay arbitration (see Matter of Chasin v Chasin, 37 AD2d 839). Mollen, P. J., Martuscello, Rabin and Gulotta, JJ., concur.

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In a proceeding to stay arbitration, the appeal is from a judgment of the Supreme Court, Suffolk County, dated June 6, 1978, which [774] granted the application. Judgment affirmed, without costs or disbursements. Service of the demand for arbitration by ordinary mail did not comply with CPLR 7503 (subd [c]), which requires that such a demand be served in the same manner as a summons or by registered or certified mail, return receipt requested. Such improper service constituted sufficient grounds to stay arbitration (see Matter of Chasin v Chasin, 37 AD2d 839). Mollen, P. J., Martuscello, Rabin and Gulotta, JJ., concur.

West Islip Union Free School District v. Miller, 65 A.D.2d 773, 410 N.Y.S.2d 6, 1978 N.Y. App. Div. LEXIS 13613 (N.Y. Ct. App. 1978).

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Opinion

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