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MATTER OF INTERBORO MUT. INDEM. INS. CO. v. BETANCOURT

187 A.D.2d 593 (1992)

In the Matter of Interboro Mutual Indemnity Insurance Company, Appellant, v. Alexander Betancourt et al., Respondents

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

November 16, 1992

Ordered that the order is affirmed, with costs.

By participating in the arbitration proceedings instead of moving to temporarily stay the proceedings, the petitioner waived its right to move for a permanent stay of arbitration (see, Matter of McNulty [Locals 40, 361, & 417 Union Sec. Funds of Intl. Assn. of Bridge, Structural Ornamental Ironworkers], 176 A.D.2d 881; Matter of Marfrak Corp. v Gardner,

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