In re the Arbitration between Sisters of Charity of Saint Vincent De Paul & Boegel & Allodi

Full title: In the Matter of the Arbitration between the SISTERS OF CHARITY OF SAINT…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 18, 1969

32 A.D.2d 818 (N.Y. App. Div. 1969)

302 N.Y.S.2d 462

Opinion

June 18, 1969

Appeal, as limited by appellant's brief, from a judgment of the Supreme Court, Westchester County, dated November 18, 1968, to the extent that the judgment denied appellant's application (1) to stay arbitration and (2) to extend appellant's time to apply for such stay. Judgment affirmed, with $10 costs and disbursements to respondent the Sisters of Charity of Saint Vincent De Paul. In our opinion, Special Term properly concluded that it was without power to extend the 10-day period during which an application to stay arbitration may be made (CPLR 7503, subd. [c]; 201; Matter of Jonathan Logan, Inc. [ Stillwater Worsted Mills], 31 A.D.2d 208, affd. 24 N.Y.2d 898; cf. Langemyr v. Campbell, 23 A.D.2d 371). Brennan, Acting P.J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.