MATTER OF ALLCITY INSURANCE COMPANY, VITUCCI

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs. Assuming without deciding that a stay of arbitration is available (see, CPLR 7503 [b]; Matter of City School Dist. v Tonawanda Educ. Assn., 101 A.D.2d 1011, affd 63 N.Y.2d 846), petitioner's application in this case was untimely (CPLR 7503 [c]).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.