What is an Article 75?
Article 75 – (Civil Practice Law & Rules) ARBITRATION. 7502 – Applications to the court; venue; statutes of limitation; provisional remedies. A special proceeding shall be used to bring before a court the first application arising out of an arbitrable controversy which is not made by motion in a pending action.
How do I confirm an arbitration award in NY?
THE ARBITRATION AWARD MUST BE CONFIRMED BY THE COURT The court will schedule a hearing on your request and, unless circumstances warrant a court’s refusing to confirm the award, the court will issue a judgment confirming the award.
What is New York CPLR?
The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability The CPLR has …
How do you stay in arbitration in New York?
An application to stay arbitration must be made by the party served within twenty days after service upon him of the notice or demand, or he shall be so precluded. Notice of such application shall be served in the same manner as a summons or by registered or certified mail, return receipt requested.
What is Section 75 of the Civil Service Law?
Civil Service Law section 75 provides that a covered employee may not be removed or otherwise subjected to disciplinary penalty except for incompetency or misconduct shown after a hearing on stated charges. Once raised, the defense must be considered and determined as part of the hearing officer’s decision.
What is an Article 78 proceeding in NY?
What is an Article 78 Proceeding? In an Article 78 proceeding, you ask a state court to review a decision or action of a New York State official or administrative agency, such as a prison official or the Board of Parole, which you believe was unlawful.
Is arbitration enforceable in New York?
New York and New Jersey courts and legislatures have been taking steps to curb the use of employer arbitration agreements. Courts have made clear that provisions are enforceable if their terms are explicit, and the party seeking to compel arbitration can prove the signor’s acceptance.
How do I enforce an arbitration award in NY?
To enforce a foreign commercial arbitral award in the U.S. courts (assuming the losing party is subject to the jurisdiction of the U.S. courts), an award holder need only present an authentic copy of the award to the court, at which point it will be recognized and enforced unless the losing party can establish a basis …
What CPLR 3126?
Pursuant to CPLR 3126, a court may impose discovery sanctions, including the striking of a pleading or preclusion of evidence, where a party ‘refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.
How does section 75 claim work?
How does section 75 of the Consumer Credit Act work? If you buy something costing more than £100 on your credit card and that item doesn’t arrive, it turns up faulty or the supplier goes bust, section 75 allows you to claim a refund from your credit card provider.
Does section 75 apply in the US?
The relatively little-known section 75 of the Consumer Credit Act (1974) states – in so many words – that if things go wrong with a purchase you’ve made using your card, the card provider must take equal responsibility alongside the retailer.
How do you prove arbitrary and capricious?
[a] decision is arbitrary and capricious if the agency [1] has relied on factors which Congress has not intended it to consider, [2] entirely failed to consider an important aspect of the problem, [3] offered an explanation for its decision that runs counter to the evidence before the agency, or [4] [has offered an …