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MBNA Am. Bank, N.A., Matter of, v O'Connor
2008 NY Slip Op 50094(U) [18 Misc 3d 133(A)]
Decided on January 11, 2008
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through January 31, 2008; it will not be published in the printed Official Reports.


Decided on January 11, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and BELEN, JJ
2006-1564 Q C.

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

against

Colette M. O'Connor, Respondent.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (Robert D. Kalish, J.), entered May 9, 2006. The judgment denied petitioner's application to confirm an arbitration award with "leave to renew upon proper papers."


Judgment reversed without costs, petition to confirm an arbitration award granted, and matter remanded to the court below for entry of a judgment confirming the award.

For the reasons stated in Matter of MBNA Am. Bank, N.A. v Stehly (___ Misc 3d ___, 2008 NY Slip Op ______, decided herewith), the judgment denying the petition to confirm the arbitration award is reversed, the petition to confirm is granted, and the matter is remanded to the court below for entry of a judgment confirming the award.

Pesce, P.J., Rios and Belen, JJ., concur.
Decision Date: January 11, 2008