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SCADUTO v. DT INDUSTRIES, INC.

266 A.D.2d 149 (1999)

699 N.Y.S.2d 36

PHILIP J. SCADUTO, Respondent, v. DT INDUSTRIES, INC., Appellant.

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

Decided November 30, 1999.

The proper procedure to enforce an arbitration award arising out of a written agreement to arbitrate is a special proceeding pursuant to CPLR article 75 (Polednak v Country-Wide Ins. Co., 153 A.D.2d 930, lv denied 75 N.Y.2d 705). Consequently, the instant action is converted to a proceeding (see, CPLR 103 [b]).

Respondent was hired as a salesman of ladies' clothing for appellant under an agreement which provided...

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