Matter of Palace Foods, LLC v. Fiber Gourmet, Inc.

— In a proceeding pursuant to CPLR article 75 to stay arbitration of an agreement dated May 6, 2013, the petitioners appeal from an order of the Supreme Court, Kings County (Knipel, J.), dated March 25, 2015, which denied the petition.

Motion by the respondent to dismiss the appeal on the ground that the appellants forfeited their right to appeal by participating in the subject arbitration between the parties. By decision and order on motion of this Court dated June 30, 2016, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the…