Opinion
Decided October 24, 1989
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, William J. Davis, J.
Adolph Salib and Anthony J. McNulty for appellant.
Joseph Greene and Edward C. Fernbach for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs. Assuming without deciding that a stay of arbitration is available (see, CPLR 7503 [b]; Matter of City School Dist. v Tonawanda Educ. Assn., 101 A.D.2d 1011, affd 63 N.Y.2d 846), petitioner's application in this case was untimely (CPLR 7503 [c]).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.