In re the Arbitration between Dial Press, Inc. & Phillips

This is an application for an order declaring a Justice of this court, sitting in another district, disqualified to act as an arbitrator. There is a cross motion seeking an order compelling petitioners to proceed with the arbitratiorf. Petitioners rely principally on section 19 of article VI of the State Constitution and on Matter of Macfadden v. Benvenga (290 N. Y. 568). There is no provision in the constitutional section relied upon which specifically disqualifies a justice of this court from acting as an arbitrator. Petitioners reason, however, that under section 1459 of the Civil Practice…