Opinion
November 20, 1961
In a proceeding under article 78 of the Civil Practice Act, to compel respondents, officers of the corporate petitioner, to sign salary checks and to pay petitioner Robert Scher, another officer, his monthly salary, in which the respondents served no answer but instead moved to stay the proceeding pending arbitration of the controversy between the parties as prescribed by their written contract, the petitioners appeal from an order of the Supreme Court, Queens County, made and entered August 30, 1961 which: (1) granted respondents' motion to stay the instant article 78 proceeding pending arbitration; and (2) on the court's own motion directed respondents to submit the matter to arbitration without the necessity of a separate proceeding to compel arbitration. Order affirmed, without costs. No opinion. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.