Opinion
CA 02-00794
March 21, 2003.
Appeal from a judgment of Supreme Court, Onondaga County (Carni, J.), entered March 5, 2002, which dismissed the petition seeking a stay of arbitration.
BURKE, ALBRIGHT, HARTER REDDY, LLP, ROCHESTER (JOHNSON S. ALBRIGHT, II, OF COUNSEL), FOR PETITIONER-APPELLANT.
MLYNARSKI CAWLEY, P.C., BINGHAMTON (THEODORE J. MLYNARSKI, JR., OF COUNSEL), FOR RESPONDENT-RESPONDENT HARTFORD CASUALTY INSURANCE COMPANY.
PRESENT: PIGOTT, JR., P.J., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum:
Supreme Court properly dismissed the petition seeking a stay of arbitration. By participating in the arbitration proceeding, i.e., by responding to claims and appearing at arbitration hearings without any reservation of rights, petitioner waived its right to a stay of arbitration (see CPLR 7503 [b]; Matter of North Riv. Ins. Co. [Morgan], 291 A.D.2d 230, 233; Matter of Home Mut. Ins. Co. [Springer], 130 A.D.2d 493). In light of our determination, it is not necessary to address petitioner's remaining contention.