David B. Nelson, M.D., P.C. v. Stroh

—In *500a proceeding pursuant to CPLR article 75 to permanently stay arbitration of certain counterclaims asserted in an arbitration, the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Carter, J:), entered April 23, 2002, as denied that branch of their petition which was to stay as time-barred arbitration of certain counterclaims relating to the manner in which the respondent’s commission was calculated.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the petition which was to…