In re the Arbitration between Dietz & Slatex, Inc.

Order unanimously reversed, without costs, on the law and on the facts, and in the exercise of discretion remanded to Special Term for appointment of a third arbitrator without prejudice to the rights of the parties to select a third arbitrator by agreement pending or prior to appointment of such arbitrator by the court. There is no warrant in the law to terminate an arbitration proceeding by reason of delay. Concur — Botein, P. J., Breitel, M. M. Prank, Valente and Stevens, JJ.