In re the Arbitration between Appis & Employers Liability Assurance Corp.

By decision of this court, dated April 8, 1968, the respondent’s application for a stay of arbitration *970pending a trial of certain issues was granted. A proposed order was noticed for settlement on April 22, 1968 by the respondent. By order to show cause, dated April 15, 1968, the claimant’s attorney sought relief in the nature of a motion for reargument pursuant to CPLR 2221. The motion is granted and upon reargument, the original decision is adhered to and the order signed.

Claimant’s attorney relies upon Matter of Bauer (MVAIC) (55 Misc 2d 991 [Feb. 13, 1968]), which held that service of an…