Central General Hospital v. Local 1115 Nursing Home

An employer, Central General Hospital, by a petition and notice of motion dated August 5, 1969, moved pursuant to CPLR 7503 (subd. [b]) to stay an arbitration under a collective bargaining agreement. The motion which had a *448return date of August 25, 1969 did not of itself operate as a stay as would have been the case under subdivision 2 of section 1458 of the Civil Practice Act. That section contained the following language: “ The arbitration hearing shall be adjourned upon service of such notice of motion pending the determination of the motion.” However, it was omitted from CPLR 7503 for…