Motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellant forfeited its right to appellate review of the order appealed from when it proceeded to arbitration. By decision and order of this Court, dated May 3, 2002, the branch of the motion which was to dismiss the appeal was held in abeyance and referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
Ordered that the motion is granted...
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