The court correctly held that CPLR 2001 (as amended by L 2007, ch 529), applied, giving it the discretion to permit petitioner to correct its procedural mistake in commencement of its proceeding to stay the arbitration demanded by respondent. Although petitioner erroneously served the petition and notice of petition on respondent one day prior to purchasing an index number and filing process with the court (see CPLR 304, 306-a, 306-b; see also Harris v Niagara Falls...
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