In re of the Arbitration between Miller and Berti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeals from an order of Supreme Court, Erie County (Cosgrove, J), entered May 23, 2003, which denied the petition seeking a permanent stay of arbitration.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly denied the petition seeking a permanent stay of arbitration (see CPLR 7503 [b]). Although Louis Berti (respondent) failed to disclose the arbitration claim when he filed for protection under chapter 13 of the Bankruptcy Code (11 USC), he subsequently amended his bankruptcy schedule of assets to…
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