Matter of New York Racing Association, Inc. v Local Union

Matter of New York Racing Association, Inc. v Local Union

Motion No: 2009-10342

Slip Opinion No: 2010 NY Slip Op 60290(U)

Decided on January 7, 2010

Appellate Division, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M96956

E/cb

MARK C. DILLON, J.P.

JOSEPH COVELLO

ANITA R. FLORIO

HOWARD MILLER, JJ.

2009-10342
In the Matter of New York Racing
Association, Inc., appellant, v Local Union
No. 3 International Brotherhood of
Electrical Workers, AFL-CIO, respondent.
(Index No. 13827/09)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of an arbitration award of the American Arbitration Association dated June 12, 2009, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered September 16, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and enforcement of the arbitration award dated June 12, 2009, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 8, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 8, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

DILLON, J.P., COVELLO, FLORIO and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court