| Robert D. Bush v Beauty Bay, Inc. |
| Motion No: 2018-00402 RIC |
| Slip Opinion No: 2018 NY Slip Op 80136(U) |
| Decided on August 2, 2018 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Robert D. Bush, Appellant, v Beauty Bay, Inc., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Richmond County, entered December 14, 2017. The order denied appellant's motion to strike an arbitration demand.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as appellant participated in the arbitration without having sought a stay of the Civil Court's order pending appeal (see Matter of Commerce & Indus. Co. v Nester, 90 NY2d 255 [1997]).
ENTER:
Paul Kenny
Chief Clerk