Opinion
February 3, 1986
Appeal from the Supreme Court, Queens County (Graci, J.).
Judgment affirmed, with costs.
Appellant Thompson cannot complain that the petition was untimely when his attorney "engages in tactics calculated to hinder or prevent a contest by petitioner of the arbitrability issue" by burying the demand for arbitration, which was not the American Arbitration Association's recognizable form, in the middle of appellant's hospital record and, apparently, not otherwise adverting to it (see, Matter of American Sec. Ins. Co. [Tabacchi], 95 A.D.2d 808). Mollen, P.J., Gibbons, Brown, Niehoff and Eiber, JJ., concur.