Initially we note that Supreme Court did not specify whether it was staying arbitration pursuant to CPLR 7503 (b) or issuing a preliminarily injunction pursuant to CPLR 7502 (c). The order could not have been issued pursuant to CPLR 7503 (b) because petitioner is the party that commenced the arbitration proceeding and, therefore, cannot be deemed to constitute "a party who has not participated in the arbitration" such that a stay of that proceeding could be warranted under...
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