Energy Services, Inc. v. EnergyPro Construction Partners

In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal, as limited by the appellant’s brief, is from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated November 10, 1999, as, upon the granting of the petitioner’s motion to reargue, vacated a prior order and judgment (one paper) of the same court, dated May 12, 1999, inter alia, directing the parties to proceed to arbitration, and stayed arbitration.

Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, upon reargument, the determination in the order and…