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Bevona v. Valencia

191 A.D.2d 192 Court N.Y. App. Div. Decision date 1993-03-04 English

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p. 192
Gus Bevona, as President of Local 32B-32J, Service Employees International Union, AFL-CIO, Respondent, v Pascual R. Valencia, Appellant.
[594 NYS2d 223]

—Order, Supreme Court, New York County (Edward Greenfield, J.), entered January 24, 1992, which denied respondent’s motion for a stay of enforcement of judgment and a reopening of arbitration proceedings, unanimously affirmed, without costs.

Respondent claims that he is not a party to the collective bargaining agreement, the validity of which is not questioned. While a party may seek a judicial determination as to whether that party has agreed to arbitration (see, Sisters of St. John the Baptist v Geraghty Constructor, 67 NY2d 997 , 998), the time to do so is before arbitration commences, and not on an application to confirm the third of three consecutive awards (see, Matter of Harris [East India Trading Co.], 16 Misc 2d 87 , 89). Absent a timely motion to stay arbitration, the claim that an issue is not arbitrable is waived (see, Bayroff Corp. v Showplace Bowling Ctr., 187 AD2d 269 ).

We have considered the remaining arguments, and find them to be without merit. Concur — Murphy, P. J., Carro, Rosenberger and Ross, JJ.

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