NAIL IT CONSTRUCTION, INC., MTR. OF

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

216 CA 11-02071 PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

IN THE MATTER OF THE ARBITRATION BETWEEN NAIL IT CONSTRUCTION, INC., DOING BUSINESS AS CARLSON CONSTRUCTION, PETITIONER-APPELLANT,

AND ORDER

GERALD CARLSON AND TARA CARLSON, ALSO KNOWN AS TARA HUSTON, RESPONDENTS-RESPONDENTS.

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.

Entered: March 16, 2012 Frances E. Cafarell Clerk of the Court