Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered August 7, 2012 in a proceeding pursuant to CPLR article 75. The order granted the petition for a permanent stay of arbitration and denied the cross motion of respondent for an order compelling arbitration.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the petition is denied and the cross motion is granted.
Memorandum...
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