Opinion
June 29, 1998
Appeal from the Supreme Court, Westchester County (Bellantoni, J.).
Ordered that the appeal from the order entered March 12, 1997, is dismissed, without costs or disbursements, as that order was superseded by the order dated July 2, 1997, made upon reargument; and it is further,
Ordered that the order dated July 2, 1997, is affirmed insofar as appealed from, without costs or disbursements.
The parties are co-owners of a family business which ceased operating in 1995. The petitioner commenced this arbitration proceeding under the terms of a settlement agreement entered into between the parties in connection with the bankruptcy of the defunct corporation, and which provided, inter alia, for the distribution of proceeds from the sale of certain corporate property.
The Supreme Court properly granted the respondents' application for an order of attachment in connection with the parties' arbitration proceeding. The respondents demonstrated that an arbitration award in their favor "may be rendered ineffectual without such provisional relief" (CPLR 7502 [c]; see, Matter of H.I.G. Capital Mgt. v. Ligator, 233 A.D.2d 270; Habitations Ltd. v. BKL Realty Sales Corp., 160 A.D.2d 423). We note that the petitioner was granted a similar order of attachment against the respondents' portion of proceeds resulting from the sale of the real property located at 544 and 550 Saw Mill River Road.
Sullivan, J. P., Friedmann, Krausman and Luciano, JJ.,