New York City Dist. Coun., Cptr. Pen. Fd. v. Par Flooring

Full title: THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS PENSION FUND, ET AL.…

Court: United States District Court, S.D. New York

Date published: Mar 3, 2005

No. 04 Civ. 8486 (RJH) (S.D.N.Y. Mar. 3, 2005)

Opinion

No. 04 Civ. 8486 (RJH).

March 3, 2005

Memorandum Opinion and Order

RICHARD HOLWELL, District Judge

Plaintiffs petition the Court pursuant to Section 9 of the Federal Arbitration Act ("FAA"), 9 U.S.C. § 9, to confirm an arbitration award dated December 4, 2003. The complaint was filed on October 28, 2004, and served upon defendant shortly thereafter. To date, defendant has not filed an answer or opposition to plaintiff's petition.

"[T]he confirmation of an arbitration award is a summary proceeding that merely makes what is already a final arbitration award a judgment of the court." Florasynth, Inc. v. Pickholz, 750 F.2d 171, 176 (2d Cir. 1984). Under § 9 of the FAA, upon timely application by any party, a court must grant an order to confirm an arbitration award unless the award is vacated, modified, or corrected as prescribed in §§ 10 and 11 of the FAA. See Marsillo v. Geniton, No. 03 Civ. 2117 (TPG), 2004 WL 1207925, at *4 (S.D.N.Y. June 1, 2004). Plaintiffs' petition to confirm the arbitration award [1-1] is hereby GRANTED.

SO ORDERED.