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In the Matter of H. I. G. CAPITAL MANAGEMENT, INC., et al., Respondents-Appellants, v Louis LIGATOR et al., Appellants-Respondents, et al., Respondent.

The determination of the court was proper in all other respects. CPLR 7502 (c) governs provisional remedies in arbitration cases, and provides the courts with limited power to "entertain an application for an order of attachment or for a preliminary injunction in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief." This is the sole applicable standard ( see, County Natwest Sec. Corp. USA v Jesup, Joseph-thal Co., 180 AD2d 468), and we find that it was correctly applied. Even were standards of CPLR article 63 applicable, we would find that the relief granted was within the court's discretion. The uncontrolled disposal of respondents' assets, which might render an award ineffectual, presents the risk of irreparable harm ( see, Zonghetti v Jeromack, 150 AD2d 561, 562). Although the burden of showing entitlement to a preliminary injunction or an attachment was satisfied ( see, Matter of Salvano v Merrill Lynch, Pierce, Fenner Smith, 85 NY2d 173, 181), it was not an improvident exercise of discretion under the circumstances to refuse to invoke both CPLR 7502 (c) provisional remedies simultaneously. We have considered the parties' remaining arguments for affirmative relief and find them to be without merit.

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IN RE H. I. G
(Nov 26, 1996)