Appeal from an order of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), dated April 9, 2007, deemed from a judgment of the same court entered November 30, 2009 (see CPLR 5520 [c]).
New York Merchants Protective Co., Inc. v Oristy Food Ctr., Inc.
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on April 11, 2011
PRESENT: WESTON, J.P., RIOS and STEINHARDT, JJ .
The judgment, entered pursuant to the April 9, 2007 order, denied a petition to confirm an arbitration award and dismissed the proceeding.
ORDERED that the judgment is affirmed, without costs.
For the reasons stated in New York Merchants Protective Co., Inc. v Mima's Kitchen, Inc. (__ Misc 3d __, 2011 NY Slip Op _____ [Appeal No. 2009-1612 Q C], decided herewith), the judgment is affirmed.
Rios and Steinhardt, JJ., concur.
Weston, J.P., dissents in a separate memorandum.
Weston, J.P., dissents and votes to reverse the judgment and grant petitioner's application to confirm the arbitration award in the following memorandum:
For the reasons stated in my dissent in New York Merchants Protective Co., Inc. v Mima's Kitchen, Inc. (___ Misc 3d ___, 2011 NY Slip Op ___ [Appeal No. 2009-1612 Q C], decided herewith), I vote to reverse the judgment ...