Episcopal Health Services, Inc. v. Kurron Shares of America, Inc.

Judgment, Supreme Court, New York County (Bernard Fried, J.), entered September 30, 2011, denying the petition pursuant to CPLR article 75 to permanently stay an arbitration and dismissing the proceeding, unanimously affirmed, without costs.

Petitioner sought the stay by arguing that the management agreement between the parties, and hence the arbitration agreement contained therein, was invalid based upon the failure to *496have the agreement approved by the Commissioner of the New York State Department of Health (10 NYCRR 405.3 [f]). The IAS court correctly rejected this argument, determining…