MATTER OF BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF POUGHKEEPSIE v. LUNA ELEC. CO., INC.


40 A.D.2d 706 (1972)

In the Matter of The Board of Education of the City School District of the City of Poughkeepsie, Respondent-Appellant, v. Luna Electric Co., Inc., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 24, 1972


Order modified, on the law, by striking therefrom the second decretal paragraph, which granted the stay of arbitration, and substituting therefor a provision denying the stay. As so modified, order affirmed, without costs.

In our opinion, although appellant-respondent had the requisite status to initiate arbitration proceedings, the stay of arbitration was nevertheless erroneously granted. We disagree with Special Term's conclusion that appellant-respondent failed...

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