Legal Opinion

West Islip Union Free School District v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1978Published

1Opinion of the Court

In a proceeding to stay arbitration, the appeal is from a judgment of the Supreme Court, Suffolk County, dated June 6, 1978, which *774granted the application. Judgment affirmed, without costs or disbursements. Service of the demand for arbitration by ordinary mail did not comply with CPLR 7503 (subd [c]), which requires that such a demand be served in the same manner as a summons or by registered or certified mail, return receipt requested. Such improper service constituted sufficient grounds to stay arbitration (see Matter of Chasin v Chasin, 37 AD2d 839). Mollen, P. J., Martuscello, Rabin and…

2Cases cited1 opinion

  1. Chasin v. ChasinAppellate Division of the Supreme Court of the State of New York · 1971

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