
    In the Matter of the Arbitration between Allcity Insurance Company, Appellant, and Donato Vitucci, Respondent.
    Decided October 24, 1989
    
      APPEARANCES OF COUNSEL
    
      Adolph Salib and Anthony J. McNulty for appellant.
    
      Joseph Greene and Edward C. Fernbach for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. Assuming without deciding that a stay of arbitration is available (see, CPLR 7503 [b]; Matter of City School Dist. v Tonawanda Educ. Assn., 101 AD2d 1011, affd 63 NY2d 846), petitioner’s application in this case was untimely (CPLR 7503 [c]).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.  