In the Matter of Steven Sokoloff et al., Respondents, v. Arrow Electronics, Inc., Appellant

In the Matter of Steven Sokoloff et al., Respondents, v Arrow Electronics, Inc., Appellant. [742 NYS2d 582] [MAJORITY] —In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, Arrow Electronics, Inc., appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Costello, J.), dated March 7, 2001, as denied that branch of its motion which was for leave to renew its prior motion to dismiss the petition and to compel arbitration, and granted the petitioners’ cross motion to be reimbursed for expenses and legal fees, and (2) from an order of the same court, dated April 30, 2001, which directed it to pay the sum of $6,600 to the petitioners’ attorney for expenses and legal fees. Ordered that the order dated March 7, 2001, is modified, on the law and as a matter of discretion, by deleting the provision thereof granting the cross motion, and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements; and it is further, Ordered that the order dated April 30, 2001, is reversed, without costs or disbursements, and the provision directing the payment of $6,600 is vacated (see Matter of O’Donnell v Arrow Elees., 294 AJD2d 582 [decided herewith]). Altman, J.P., McGinity, Townes and Crane, JJ., concur.