Matter of Nail It Constr., Inc. (Carlson)
2012 NY Slip Op 01902 [93 AD3d 1179]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


In the Matter of the Arbitration between Nail it Construction, Inc., Doing Business as Carlson Construction, Appellant, and Gerald Carlson et al., Respondents.

—[*1] Sellstrom Law Firm, LLP, Jamestown (Stephen E. Sellstrom of counsel), for petitioner-appellant.

Bly, Sheffield, Bargar & Pillittieri, Jamestown (Lana M. Huston of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered June 15, 2011 in a proceeding pursuant to CPLR article 75. The order remanded this matter to the American Arbitration Association for new proceedings in accordance with its "Regular Track" procedures.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Centra, Peradotto, Lindley and Martoche, JJ.