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IN THE MATTER OF BASIL CASTROVINCI ASSOCIATES, INC. v. DISTRICT 65 PENSION PLAN

16 A.D.3d 493 (2005)

791 N.Y.S.2d 601

In the Matter of BASIL CASTROVINCI ASSOCIATES, INC., et al., Appellants, v DISTRICT 65 PENSION PLAN, Respondent.

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

March 14, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in directing the appointment of a panel of three arbitrators if the parties could not agree to the selection of a successor arbitrator within 30 days (see CPLR 7504; Matter of Delma Eng'g. Corp. [K & L Constr. Co.], 6 A.D.2d 710 [1958], affd 5 N.Y.2d 852 [1958]). The...

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