Majority
—Order, Supreme Court, New York County (Edward Greenfield, J.), entered January 24, 1992, which denied respondent’s motion for a stay of enforcement of judgment and a reopening of arbitration proceedings, unanimously affirmed, without costs.
Respondent claims that he is not a party to the collective bargaining agreement, the validity of which is not questioned. While a party may seek a judicial determination as to whether that party has agreed to arbitration (see, Sisters of St. John the Baptist v Geraghty Constructor, 67 NY2d 997 , 998), the time to do so is before arbitration commences, and not on an application to confirm the third of three consecutive awards (see, Matter of Harris [East India Trading Co.], 16 Misc 2d 87 , 89). Absent a timely motion to stay arbitration, the claim that an issue is not arbitrable is waived (see, Bayroff Corp. v Showplace Bowling Ctr., 187 AD2d 269 ).
We have considered the remaining arguments, and find them to be without merit. Concur — Murphy, P. J., Carro, Rosenberger and Ross, JJ.
Cases cited
- Sisters of Saint John the Baptist v. Phillips R. Geraghty Constructor, Inc. 67 NY2d 997 at 998 p. 192
- In re the Arbitration between Harris & East India Trading Co. 16 Misc 2d 87 at 89 p. 192