Opinion
2010-198 N C.
Decided April 11, 2011.
Appeal from an order of the District Court of Nassau County, First District (Michael A. Ciaffa, J.), dated July 14, 2009. The order denied a petition to confirm an arbitration award and dismissed the proceeding.
ORDERED that the order is affirmed, without costs.
PRESENT: TANENBAUM, J.P., MOLIA and IANNACCI, JJ.
For the reasons stated in New York Merchants Protective Co., Inc. v Rojas ( ___ Misc 3d ___, 2011 NY Slip Op ___ [App Term, 9th 10th Jud Dists 2011]), we find that respondent did not knowingly agree to commence a court proceeding by a method of service other than that required by the CPLR. Thus, the District Court correctly found that service of the notice of petition and petition was improper, and denied the petition to confirm the arbitration award and dismissed the proceeding.
Accordingly, the order is affirmed.
Molia and Iannacci, JJ., concur.
Tanenbaum, J.P., concurs in a separate memorandum.
Tanenbaum, J.P., concurs in the following memorandum:
I concur for the reasons stated in my concurrence in New York Merchants Protective Co., Inc. v Rojas ( ___ Misc 3d ___, 2011 NY Slip Op ___ [App Term, 9th 10th Jud Dists 2011]).