Town of Tuxedo v. Town of Tuxedo Police Benevolent Ass'n

*850In two proceedings pursuant to CPLR article 75 to permanently stay arbitration, the petitioner appeals from (1) an order of the Supreme Court, Orange County (Lubell, J.), dated September 30, 2009, which denied the petition in proceeding No. 1 as premature and, in effect, dismissed that proceeding, and (2) an order of the same court, also dated September 30, 2009, which denied the petition in proceeding No. 2, dismissed that proceeding, and directed the parties to proceed to arbitration.

Ordered that the appeal from the first order, dated September 30, 2009, is dismissed as academic in light of…