Ahern Painting Contractors, Inc. v. District Council of New York City & Vicinity of the United Brotherhood of Carpenters & Joiners of America

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the appeal is from a judgment of the Supreme Court, Queens County (Graci, J.), dated August 17, 1987, which granted the application and directed arbitration de novo before a different arbitrator.

Ordered that the judgment is reversed, on the law, with costs, and the arbitration award is confirmed.

By a notice of petition returnable on or about May 5, 1987, the petitioner herein applied for a stay of arbitration; however, it did not seek any temporary restraining orders. On May 14, 1987, the day scheduled for the…