Szwerin v Stein

[*1] Szwerin v Stein 2010 NY Slip Op 50350(U) [26 Misc 3d 1232(A)] Decided on March 5, 2010 Supreme Court, Rockland County Jamieson, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 5, 2010
Supreme Court, Rockland County

Melvin Szwerin, Plaintiff,

against

Joel Stein, Defendants.



5546/2009



Levi and Epstein, LLP

Attorneys for Petitioner

99 Union Road

Spring Valley, NY 10977

Linda S. Jamieson, J.

Petitioner brings this motion to confirm an arbitration award which was rendered on November 21, 2008. The award was delivered to the parties on that same date. However, petitioner did not file the instant Petition until December 2, 2009. This is more than one year after the award was delivered. CPLR §§ 7510 and 215(5) establish a one-year limitations period for commencing this action and filing this Petition. As petitioner failed to comply with this limitations period, the Court must dismiss the Petition.

The foregoing constitutes the decision and order of the Court.

Dated:New City, New York

March __, 2010

____________________________

Hon. Linda S. Jamieson

Justice of the Supreme Court

To:Levi and Epstein, LLP

Attorneys for Petitioner

99 Union Road

Spring Valley, NY 10977