Bd. of Educ., Bloomfield Cent Sch. v. Christa Constr

Full title: BOARD OF EDUCATION OF BLOOMFIELD CENTRAL SCHOOL DISTRICT, Respondent, v…

Court: Court of Appeals of the State of New York

Date published: Jan 14, 1993

608 N.E.2d 756 (N.Y. 1993)

593 N.Y.S.2d 179

80 N.Y.2d 1033

Opinion

Submitted December 21, 1992

Decided January 14, 1993

Motion, treated as a motion for clarification of this Court's memorandum and for amendment of this Court's remittitur, granted. This Court's November 18, 1992 memorandum is amended by deleting the first paragraph thereof and substituting in its stead the following: "The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court, insofar as it granted appellant Christa Construction, Inc.'s motion to compel arbitration, reinstated." Return of remittitur requested and, when returned, it will be amended to read as follows:

"Order reversed, with costs, and order of Supreme Court, Ontario County, insofar as it granted appellant Christa Construction, Inc.'s motion to compel arbitration, reinstated in a memorandum.

"Acting Chief Judge SIMONS and Judges KAYE, TITONE, BELLACOSA and SMITH concur; Judge HANCOCK, JR., taking no part."

Inasmuch as only Christa Construction, Inc. moved for leave to appeal and we granted that motion, and inasmuch as Christa is the only party appellant in the Court of Appeals, we can and and did grant affirmative relief on this record and in this procedural setting only to that party.

Concur: Acting Chief Judge SIMONS and Judges KAYE, TITONE, BELLACOSA and SMITH. Taking no part: Judge HANCOCK, JR.