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MILLET, INC. v. PARISH

109 Misc.2d 288 (1981)

Lehman Millet, Incorporated, Plaintiff, v. Jeffrey I. Parish, Doing Business as Unicorn Tours, et al., Defendants.

Supreme Court, Steuben County.

June 15, 1981

Attorney(s) appearing for the Case

Rossettie & Rossettie, P. C. (Richard P. Rossettie of counsel), for defendants. Yorio, Tunney & English (Ronald A. Yorio of counsel), for plaintiff.

DAVID O. BOEHM, J.

This motion is brought by the defendants, pursuant to 22 NYCRR 28.13, to vacate the arbitration award made here upon two grounds.

One asserts a procedural defect in that the hearing date was scheduled by the arbitration panel more than 30 days after the case was assigned, in violation of 22 NYCRR 28.6 (b). The case was assigned on February 9, 1981 and the hearing date set on March 12, 1981, or one day beyond the 30-day period...

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