In re the Arbitration between Nationwide Insurance Enterprise & Denga

Appeal from an order of Supreme Court, Erie County (Michalek, J.), entered December 21, 2001, which, inter alia, denied respondent’s cross motion to dismiss the petition.

*930It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is granted and the petition is dismissed.

Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 75 seeking a stay of arbitration. Supreme Court erred in denying respondent’s cross motion to dismiss the petition. Petitioner’s failure to specify a return date in the…