Lehman Millet, Inc. v. Parish

OPINION OF THE COURT

David O. Boehm, J.

This motion is brought by the defendants, pursuant to 22 NYCRR 28.13, to vacate the arbitration award made here upon two grounds.

One asserts a procedural defect in that the hearing date was scheduled by the arbitration panel more than 30 days after the case was assigned, in violation of 22 NYCRR 28.6 (b). The case was assigned on February 9, 1981 and the hearing date set on March 12, 1981, or one day beyond the 30-day period, excluding the date of assignment.

This minor violation of the arbitration rules is not jurisdictional. Although the arbitration…