Opinion
April 15, 1996
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
Counsel for the respondent has advised this Court, upon information and belief, that the appellant objected to one or more of the arbitrators proposed by the American Arbitration Association after the appellant's motion for a stay had been denied. The appellant's participation in the arbitration process operates as a forfeiture of its right to apply to the Supreme Court for a pre-arbitration stay ( see, CPLR 7503; Matter of National Cash Register Co. [Wilson], 8 N.Y.2d 377) and of its right to appellate review of the judgment of the Supreme Court which denied its application for such relief ( see, Matter of Beagle [MVAIC], 19 N.Y.2d 834; Matter of Nationwide Mut. Ins. Co. v. Rothbart, 220 A.D.2d 509; Matter of State Farm Mut. Auto. Ins. Co. v. Blumen, 221 A.D.2d 548; cf., Town of Mamaroneck v. Byron Elec. Co., 148 A.D.2d 458; Matter of Country-Wide Ins. Co. [Leff], 78 A.D.2d 830). Mangano, P.J., Miller, Altman and Friedmann, JJ., concur.