Opinion
July 12, 1989
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Dillon, P.J., Callahan, Denman, Green and Pine, JJ.
Order unanimously modified on the law and defendant's cross motion granted and as modified affirmed with costs to defendant Amherst Construction, Inc., in accordance with the following memorandum: Special Term properly denied plaintiff's application to vacate the arbitration proceeding (see, Sherrill v Grayco Bldrs., 64 N.Y.2d 261, 273-274; Faberge Intl. v Di Pino, 109 A.D.2d 235, 239). To effect an orderly process, however, plaintiff's action against the multiple defendants should be stayed until completion of the arbitration (see, Carthage Cent. School Dist. No. 1 v Reddick Sons, 79 A.D.2d 883, 884).