CITY OF SYRACUSE v. ENVIRONMENTAL (2006)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of CITY OF SYRACUSE, Petitioner-Respondent, v. S & S ENVIRONMENTAL, Respondent-Appellant.

Decided: December 22, 2006

PRESENT: HURLBUTT, J.P., GORSKI, CENTRA, AND GREEN, JJ.

Kernan and Kernan, P.C., Utica (Gregory A. Hamlin of Counsel), for Respondent-Appellant. Rory McMahon, Corporation Counsel, Syracuse (Catherine E. Carnrike of Counsel), for Petitioner-Respondent.

Petitioner, City of Syracuse, commenced this proceeding to stay the arbitration demanded by respondent, S & S Environmental, pursuant to its contract with petitioner for the abatement of asbestos and demolition of a building formerly owned by petitioner. We agree with petitioner that the subject contract is invalid because it was executed by petitioner's Commissioner of the Department of Community Development, who did not have the legal authority to do so, and the contract was never ratified by petitioner's Common Council (see General Municipal Law § 103[1]; Syracuse City Charter § 5-206C). We thus conclude that Supreme Court properly granted the petition for a permanent stay of arbitration.

Finally, we do not address respondent's remaining contentions.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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