In re the Arbitration between Knickerbocker Insurance & Gilbert

This appeal raises the question of the timely service of appellant’s application for a stay of arbitration.

It is undisputed that a notice of intention to arbitrate, conforming to the provisions of CPLR 7503 (subd. [c]), was served on petitioner on December 1,1969. The petition to stay arbitration was sent by certified mail on December 11, 1969 and was received by respondent’s attorney on December 12, 1969.

We do not reach the question as to whether service upon claimant’s attorney, if timely made, is effective to commence a proceeding to stay arbitration, since we conclude that such service…