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Naval v. American Arbitration Association

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 2011
83 A.D.3d 423 (N.Y. App. Div. 2011)

Opinion

No. 4695.

April 5, 2011.

Appeal from order, Supreme Court, New York County (O. Peter Sherwood, J.), entered February 1, 2010, which declined to sign an order to show cause, unanimously dismissed, without costs, as taken from a nonappealable paper.

Uday C. Naval, appellant pro se.

Eric T. Schneiderman, Attorney General, New York (David Lawrence III of counsel), for City University of New York and Herbert H. Lehman College, respondents.

Before: Mazzarelli, J.P., Sweeny, Renwick, Richter and Manzanet-Daniels, JJ.


"No appeal lies from an order declining to sign an order to show cause" ( Nova v Jerome Cluster 3, LLC, 46 AD3d 292, 293). In any event, the court properly declined to sign the order to show cause on the ground that the petition is untimely, having been filed more than 90 days after delivery of the arbitration award to petitioner ( see CPLR 7511 [a]). Petitioner has failed to show a basis for tolling under CPLR 208 ( see Karczewicz v New York City Tr. Auth., 244 AD2d 285, 285). Petitioner's failure to name the City University of New York as a respondent is also fatal to his claim ( see CPLR 1001 [a]).

We have considered petitioner's remaining contentions and find them unavailing.


Summaries of

Naval v. American Arbitration Association

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 2011
83 A.D.3d 423 (N.Y. App. Div. 2011)
Case details for

Naval v. American Arbitration Association

Case Details

Full title:UDAY C. NAVAL, Appellant, v. AMERICAN ARBITRATION ASSOCIATION, Respondent…

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

Date published: Apr 5, 2011

Citations

83 A.D.3d 423 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 2733
919 N.Y.S.2d 339

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