Opinion
July 18, 1994
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Ordered that the appeal from the judgment dated November 9, 1992, as amended May 25, 1993, is dismissed, since that judgment was superseded by the order dated February 9, 1993, made upon reargument; and it is further,
Ordered that the order dated February 9, 1993, is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The petitioner's failure to seek to stay the arbitration upon receiving the respondent's notice of intent to arbitrate precludes it from contending that a valid agreement to arbitrate was not made or that the issues determined by the arbitrator were not arbitrable (see, CPLR 7503 [c]; Matter of Lane [Abel-Bey], 50 N.Y.2d 864; Rochester City School Dist. v Rochester Teachers Assn., 41 N.Y.2d 578, 582-583; Matter of Frankfort-Schuyler Cent. School Dist. [Sarafin], 181 A.D.2d 1036; Matter of Hercules Constr. Corp. [Sussco Exterior Sys.], 120 A.D.2d 532; Hamilton Stone, Inc. v. National Cash Register Corp., 99 A.D.2d 480; see also, CPLR 7511 [b] [1]). Moreover, the Supreme Court properly confirmed the arbitrator's award, which was not irrational or beyond the scope of the arbitrator's authority (see, Rochester City School Dist. v. Rochester Teachers Assn., supra, at 578).
We have considered the petitioner's remaining contention and find it to be without merit. Rosenblatt, J.P., Lawrence, Copertino and Joy, JJ., concur.