Silipigno v. Raymond James Financial Services, Inc.

Filing 3

ORDER denying without prejudice 1 Motion to Confirm Arbitration Award. After carefully reviewing the entire record in this matter, the parties' submissions, and the applicable law, the Court, for the above-stated reasons, hereby ORDERS that P etitioner's motion to confirm an arbitration award is DENIED without prejudice; and the Court further ORDERS that Petitioner is permitted to resubmit his motion for confirmation of an arbitration award upon the submission of a letter indicating that request together with a copy of a properly filed notice of service on Respondent; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 09/14/2016. (bto)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
____________________________________________
DAVID B. SILIPIGNO,
Petitioner,
vs.

1:16-cv-00170
(MAD)

RAYMOND JAMES FINANCIAL
SERVICES,
Respondent.
____________________________________________
APPEARANCES:

OF COUNSE

OFFICE OF TIMOTHY J. O'CONNOR
29 Wards Lane
Albany, New York 12204
Attorney for Petitioner

TIMOTHY J. O'CONNOR, ESQ.

Mae A. D'Agostino, U.S. District Judge:
ORDER
Petitioner David B. Silipigno ("Petitioner") brings this action to confirm an arbitration
award against Respondent Raymond James Financial Services ("Respondent") pursuant to the
Federal Arbitration Act (the "FAA"), 9 U.S.C. § 9. "[A]ny time within one year after the award is
made any party to the arbitration may apply . . . to the United States court in and for the district
within which such award was made." See 9 U.S.C. § 9. However, the statute requires that
"[n]otice of the application shall be served upon the adverse party, and thereupon the court shall
have jurisdiction of such party as though he had appeared generally in the proceeding."1 See id.
In this case, no proof of notice has been submitted on this motion. The Court believes this to be a
"If the adverse party is a resident of the district within which the award was made, such
service shall be made upon the adverse party or his attorney as prescribed by law for service of
notice of motion in an action in the same court. If the adverse party shall be a nonresident, then
the notice of the application shall be served by the marshal of any district within which the
adverse party may be found in like manner as other process of the court." 9 U.S.C. § 9.
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mere oversight, but, without such proof, the Court has not obtained jurisdiction over Respondent.
Therefore, the Court denies Petitioner's motion with leave to resubmit his motion for confirmation
of his arbitration award. Upon the filing of a letter requesting this relief with notice of service on
Respondent, the Court will consider the merits of this motion.
After carefully reviewing the entire record in this matter, the parties' submissions, and the
applicable law, the Court, for the above-stated reasons, hereby
ORDERS that Petitioner's motion to confirm an arbitration award is DENIED without
prejudice; and the Court further
ORDERS that Petitioner is permitted to resubmit his motion for confirmation of an
arbitration award upon the submission of a letter indicating that request together with a copy of a
properly filed notice of service on Respondent; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in
accordance with the Local Rules.
IT IS SO ORDERED.
Dated: September 14, 2016
Albany, New York

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