MATTER OF LOCAL 964, UNITED BHD. OF CARPENTERS & JOINERS OF AM.


73 A.D.2d 968 (1980)

In the Matter of the Arbitration between Local 964, United Brotherhood of Carpenters and Joiners of America, Respondent, and Shirl-Ann Construction Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 28, 1980


Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and matter remanded to an arbitrator designated by the New York State Board of Mediation for a hearing de novo on all matters encompassed within the grievances.

At the outset, we note our agreement with Special Term that the petitioner's service by ordinary mail of a notice of intent to arbitrate was in derogation of the statute and a legal nullity (see CPLR 7503, subd [c...

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