New York Court of Appeals
In the Matter of the Arbitration Between Joseph M. Gleason, Appellants, and Michael Vee, Ltd.…
May 1, 200196 N.Y.2d 117
Summary
The Court of Appeals held that the 2000 amendment to CPLR 7502(a)(iii) applying retroactively requires that an application to confirm an arbitration award be filed in the same proceeding as the original arbitration, even when the pre‑arbitration proceeding had already ended in a final judgment. Accordingly, the Appellate Division's dismissal of the petition was reversed and the matter remanded for further consideration.