In re the Arbitration between Empire Mutual Insurance & Betances

Motion, wherein it seeks leave to appeal to the Court of Appeals, denied as academic; and wherein it seeks reargument, motion granted to extent of recalling and resettling this court’s order entered on May 22, 1986 ( 120 AD2d 993 ), to have its decretal paragraph read as follows: "It is unanimously ordered that the judgment so appealed from be and the same hereby is reversed, on the law, without costs and without disbursements, and petitioner’s application for a stay of arbitration is granted, on constraint of Barile v Kavanaugh ( 67 NY2d 392 ).”

Resettled order filed. Concur —Ross, J. P., Asch, Fein, Milonas and Ellerin, JJ.