In re the Arbitration between City of Buffalo & Buffalo Police Benevolent Ass'n

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 20, 2010 in a proceeding pursuant to CPLR article 75. The order denied the petition for a stay of arbitration.

It is hereby ordered that the order so appealed from is *1579unanimously modified on the law by vacating the first ordering paragraph and dismissing the petition and as modified the order is affirmed without costs. Present — Smith, J.P., Peradotto, Garni, Sconiers and Martoche, JJ.