Langemyr v. Campbell, 964
| Court | New York Court of Appeals |
| Writing for the Court | The Supreme Court, Special Term, Rockland County, Joseph F. Hawkins |
| Citation | 290 N.Y.S.2d 195,237 N.E.2d 357,21 N.Y.2d 969 |
| Parties | , 237 N.E.2d 357 Tormod LANGEMYR, d/b/a Tom Carpentry Construction Company, Appellant, v. Patrick J. CAMPBELL, as President of Local Union, etc., Respondent. In the Matter of the Arbitration between LOCAL UNION NO. 964, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,espondent, and Tormod LANGEMYR, doing business as Tom Carpentry Construction Company, Appellant. |
| Docket Number | R,No. 964,AFL-CI,964 |
| Decision Date | 10 April 1968 |
Page 195
v.
Patrick J. CAMPBELL, as President of Local Union No. 964,
etc., Respondent.
In the Matter of the Arbitration between LOCAL UNION NO.
964, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF
AMERICA, AFL-CIO, Respondent, and Tormod LANGEMYR, doing
business as Tom Carpentry Construction Company, Appellant.
Appeal from Supreme Court, Appellate Division, Second Department, 27 A.D.2d 942, 279 N.Y.S.2d 41.
Carpenters' union brought arbitration proceeding under arbitration provision in [237 N.E.2d 358] alleged collective bargaining agreement between union and employer. An action by the employer was stayed pending the conclusion of the arbitration proceeding. During the hearing before the arbitrator the employer was indicted for violating the former Penal Law, Consol. Laws, c. 40, § 962--a, because of alleged failure to make certain contributions to trust funds for benefit of union members. The employer requested adjournment of the arbitration proceeding until the indictment was disposed of.
The Supreme Court, Special Term, Rockland County, Joseph F. Hawkins, J., entered orders which dismissed the action because of the arbitration and award and confirmed the arbitration and award, and the employer appealed.
The Appellate Division entered an order April 17, 1967 which unanimously affirmed the orders.
The employer appealed to the Court of Appeals on constitutional grounds, contending that denial of his request for adjournment of the
Page 196
arbitration proceeding violated his constitutional rights because he was forced to choose between testifying at the arbitration hearing and giving information which might incriminate him in criminal prosecution or to assert his privilege against self-incrimination.The Court of Appeals, 21 N.Y.2d 796, 288 N.Y.S.2d 629, 235 N.E.2d 770, affirmed the order.
Motion was made in the Court of Appeals to amend the remittitur.
Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Appellant contended that while he was under indictment with respect to the same subject [21 N.Y.2d 970] matter as is involved in the arbitration...
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