In the Matter of the Arbitration Between MBNA Am. Bank N.A. v Cividanes (2007 NY Slip Op 51078(U))

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In the Matter of the Arbitration Between MBNA Am. Bank, N.A. v Cividanes

2007 NY Slip Op 51078(U) [15 Misc 3d 142(A)]

Decided on May 24, 2007

Appellate Term, Second Department

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

As corrected in part through June 19, 2007; it will not be published in the printed Official Reports.

Decided on May 24, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2006-1066 K C.

In the Matter of the Arbitration Between MBNA America Bank, N.A., Appellant,

against

Robert B. Cividanes, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), dated April 27, 2006. The order denied petitioner's application to confirm an arbitration award with leave to renew.

Order reversed without costs and petition granted.

Although the court below denied the unopposed petition to confirm the arbitrator's award on the ground that no proper affidavit of service of the arbitrator's award had been filed in support of the petition, no such affidavit is required pursuant to CPLR article 75 to confirm the award. All that is required is that the order be "delivered"
to the parties in accordance with the terms of their agreement, and sufficient evidence of such delivery was submitted below (CPLR 7507, 7510).

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: May 24, 2007