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N.Y. CITY DIST. CNL. OF CARP. v. D K G CONT. FLOOR. CORP.

United States District Court, S.D. New York


July 26, 2004.

THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS PENSION FUND, ET AL., Plaintiffs,
v.
D K G CONTRACT FLOORING CORP., Defendant.

The opinion of the court was delivered by: RICHARD HOLWELL, District Judge

Memorandum Opinion and Order

Plaintiffs petition the Court pursuant to, inter alia, Section 9 of the Federal Arbitration Act ("FAA"), 9 U.S.C. § 9, to confirm an arbitration award issued December 4, 2003. The complaint was filed on June 14, 2004, and served upon defendant shortly thereafter. To date, defendant has not filed an answer or opposition to plaintiff's petition.

"[T]he confirmation of an arbitration award is a summary proceeding that merely makes what is already a final arbitration award a judgment of the court." Florasynth, Inc. v. Pickholz, 750 F.2d 171, 176 (2d Cir. 1984). Under § 9 of the FAA, upon timely application by any party, a court must grant an order to confirm an arbitration award unless the award is vacated, modified, or corrected as prescribed in §§ 10 and 11 of the FAA. See Marsillo v. Geniton, No. 03 Civ. 2117 (TPG), 2004 WL 1207925, at *4 (S.D.N.Y. June 1, 2004).

  Plaintiffs' petition to confirm the arbitration award [1-1] is hereby GRANTED. Plaintiffs may make a motion for attorneys fees within the next 30 days. SO ORDERED.

20040726

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