Majority
p. 726
In the Matter of the Application of The Ruberoid Co. for an Order Directing that the Arbitration Provided for the Certain Contract in Writing Entered into between Petitioner and R. Grieff, Doing Business as “ Standard Bag and Burlap Company ” on the 3rd Day of December, 1936, Proceed Pursuant to the Provisions Thereof and of the Arbitration Law. The Ruberoid Co., Petitioner, Appellant; R. Grieff, Doing Business, etc., Respondent.
unanimously
Order affirmed, with twenty dollars costs and disbursements. It appears affirmatively that the matter was not submitted to arbitration within thirty days after the mailing of the receiving report by the buyer to the shipper as required by the arbitration agreement. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.