Sierra USA Communications, Inc. v. International Telephone & Satellite Corp.

OPINION OF THE COURT

Bernard J. Fried, J.

At issue is whether newly amended CPLR 7502 (c),1 when read together with CPLR 2004,2 allows me the discretion to extend the 30-day time period for commencing arbitration, in order to prevent the expiration of provisional relief pursuant to CPLR 7502 (c), after the 30-day time period has expired.

On July 19, 2006, petitioner, Sierra USA Communications, Inc., sought a temporary restraining order (TRO) freezing respondent’s International Telephone & Satellite Corp. (IT&S or respondent), assets until an attachment could be granted, so that a soon to be…