Motion to reargue granted and upon reargument the original decision is adhered to.
When the original application was argued before this court no issue was raised as to the respondent's alleged failure to comply with subdivision 2 of section 1458 of the Civil Practice Act in instituting the arbitration proceeding. In fact, the petitioner on rebuttal stated "The fact that the moving papers were not timely served is not a jurisdictional...
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