In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioner appeals from an order of the Supreme Court, Kings County (Baynes, J.), dated September 27, 2013, which denied the petition and dismissed the proceeding. By decision and order on motion dated October 17, 2013, this Court granted the petitioner's motion to stay arbitration pending hearing and determination of the appeal.
Ordered that the order is affirmed, with costs.
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