Unex Ltd. v. Arsygrain

In Unex Ltd. v. Arsygrain (102 Misc. 2d 810 [NY County 1979]) the main issue before the court was whether CPLR 5229 is available when the decision rendered is made by an arbitration panel. (Id. at 811.) The court relied on the legal canon of expressio unius in holding that CPLR 5229 relief is unavailable to the decision of an arbitration proceeding because the statute itself specifically states only the "trial judge" may order its relief. Id. at 812.)