Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: Eunice JONES, Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Respondent.
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Kohn, J.), entered February 5, 1996, which denied the petition and granted the respondent's cross motion to confirm the award.
ORDERED that the judgment is affirmed, with costs.
The petitioner contends, inter alia, that the arbitration award must be vacated as it was not rendered in a timely manner. We disagree. Without determining whether the 30-day time limit pursuant to the rules of American Arbitration Association is applicable, and without determining when the hearing was officially closed, we find that the petitioner is not entitled to vacate the award because she has not alleged prejudice and no prejudice is evident on this record (see, CPLR 7507, 7511[b][1]; Matter of Bermudez v. New York City Tr. Auth., 186 A.D.2d 738, 589 N.Y.S.2d 793; Matter of Akers v. New York City Tr. Auth., 172 A.D.2d 749, 569 N.Y.S.2d 136; Matter of Rockland Community Coll. Fedn. of Teachers, Local 1871, AFT, AFL-CI0 v. Board of Trustees of Rockland Community Coll., 142 A.D.2d 732, 531 N.Y.S.2d 117).
MEMORANDUM BY THE COURT.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: March 10, 1997
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)