Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is reversed, on the law, with costs, the petition is granted in its entirety, and the arbitration is permanently stayed.
The Supreme Court erred in not granting the petition in its entirety as the respondent failed to demonstrate that...
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