Opinion
April 5, 1999
Appeal from the Supreme Court, Nassau County (Phelan, J.).
Ordered that the order is affirmed, with costs.
We agree that the petitioners participated in the arbitration process thereby manifesting a preference clearly inconsistent with their present effort to stay arbitration ( cf., De Sapio v. Kohlmeyer, 35 N.Y.2d 402, 405).
Bracken, J. P., Sullivan, Altman and Friedmann, JJ., concur.