Opinion
2002-03892
Submitted October 15, 2002.
November 18, 2002.
In a proceeding pursuant to CPLR article 75 for a permanent stay of arbitration, the petitioner appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated February 21, 2002, which granted the motion of the Subway Surface Supervisors Association and Tony Gammone to dismiss the petition as time-barred.
Martin B. Schnabel, Brooklyn, N.Y. (Robert K. Drinan of counsel; Sara Rubenstein on the brief), for appellant.
Stuart Salles, New York, N.Y., for respondents.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
The respondents' demand for arbitration failed to comply with the explicit provisions of CPLR 7503(c) since it omitted the mandatory 20-day preclusion language. Therefore, it was error to grant their motion to dismiss the petition as time-barred (see CPLR 7503[c]; Matter of Blamowski [Munson Transp.], 91 N.Y.2d 190, 195; Matter of Allstate Ins. Co. v. Kuper, 134 A.D.2d 256; Matter of Filippazzo v. Garden State Brickface Co., 120 A.D.2d 663). The matter is remitted to the Supreme Court, Kings County, for a determination on the merits.
ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.