It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
On appeal from an order confirming an award of arbitration, respondent contends, inter alia, that petitioner's grievance was not arbitrable as a matter of law. Respondent's earlier petition to stay arbitration was denied by Supreme Court, and, although respondent appealed from that order, the appeal was dismissed for respondent's failure...
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