*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 114

CA 10-01969

PRESENT: CENTRA, J.P., CARNI, LINDLEY, GREEN, AND GORSKI, JJ.

IN THE MATTER OF THE ARBITRATION BETWEEN

NIAGARA FRONTIER TRANSPORTATION AUTHORITY,

PETITIONER-APPELLANT,

AND ORDER INTERNATIONAL LONGSHOREMEN’S ASSOCIATION

LOCAL 1949, RESPONDENT-RESPONDENT.

DAVID M. GREGORY, BUFFALO (WAYNE R. GRADL OF COUNSEL), FOR PETITIONER-APPELLANT.

SANDERS & SANDERS, CHEEKTOWAGA (HARVEY P. SANDERS OF COUNSEL), FOR RESPONDENT-RESPONDENT. Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered June 1, 2010 in a proceeding pursuant to CPLR article 75. The order denied the petition for a stay of arbitration.

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: February 10, 2011 Patricia L. Morgan

Clerk of the Court