CPLR R. 2106, CPLR R. 411

CPLR R. 2106 Affirmation of truth of statement by attorney, physician, osteopath or dentist

CPLR R. 411 Judgment

Avanessov v State-Wide Ins. Co., 2008 NY Slip Op 52131(U) (App. Term, 2nd)

The papers submitted by petitioner to the Civil Court were insufficient on their face to warrant the granting of any relief (see SP Medical, P.C. v Country-Wide Ins. Co., 20 Misc 3d 126[A],
2008 NY Slip Op 51230[U] [App Term, 2d & 11th Jud Dists 2008]).
Petitioner submitted a document that was denominated an "Affirmation in
Support." The only document submitted in support of the petition was
one which was not affirmed "to be true under the penalties of perjury"
(CPLR 2106). Indeed, the attorney who signed the document merely
indicates that he "states as follows," which is insufficient under the
law
(see Puntino v Chin, 288 AD2d 202 [2001]; Jones v Schmitt, 7 Misc 3d 47 [App Term, 2d & 11th Jud Dists 2005]; see also A.B. Med. Servs. PLLC v Prudential Prop. & Cas. Ins. Co., 11 Misc 3d 137[A],
2006 NY Slip Op 50504[U] [App Term, 2d & 11th Jud Dists 2006]).
Accordingly, the document is insufficient as an affirmation (see SP Medical, P.C., 20 Misc 3d 126[A], 2008 NY Slip Op 51230[U]).

In view of the foregoing, the petition to vacate the master arbitrator's award should have [*2]been denied. Furthermore, upon denying the petition, the court is required, pursuant to CPLR 7511 (e), to confirm the award (see Matter of Exclusive Med. & Diagnostic v Government Empls. Ins. Co.,
306 AD2d 476 [2003]). While we do not reach the remaining contentions,
we note that a special proceeding should terminate in a judgment, not
an order (see CPLR 411)

The bold is mine.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s