Opinion
2002-01094
Argued April 14, 2003.
May 5, 2003.
In a proceeding, inter alia, pursuant to CPLR article 75 to compel arbitration, the petitioners appeal from so much of an order of the Supreme Court, Kings County (Mason, J.), dated January 15, 2002, as granted that branch of the respondents' motion which was to vacate a prior order of the same court, dated June 11, 2001, compelling arbitration and remit the landlord-tenant dispute between the parties to the Civil Court.
Sol Mermelstein, Brooklyn, N.Y. (S. Herman Klarsfeld of counsel), for appellants.
Moritt, Hock, Hamroff Horowitz, LLP, Garden City, N.Y. (William P. Laino of counsel), for respondents.
Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, BARRY A. COZIER, and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in vacating its prior order compelling arbitration and remitting the matter to the Civil Court (see Bellevue-Santiago v. City Ready Mix Co., 270 A.D.2d 441; 56 Marquis v. Mosello, 239 A.D.2d 544, 545; Block v. Block, 153 A.D.2d 601; 2 Carmody-Wait 2d, Motions and Orders § 8:125, at 512).
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 15, 2002, on the ground that it has been rendered academic. By decision and order on motion of this court dated October 3, 2002, the motion was held in abeyance and was referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the motion is denied.
S. MILLER, J.P., GOLDSTEIN, COZIER and MASTRO, JJ., concur.