MATTER OF BUDGET DRESS CORP

In view of oral stipulation heretofore made whereby respondent agreed that even though appellant should appear before arbitrator and proceed with the arbitration, appellant would not thereby be prejudiced, and respondent would waive any objection to appellant's subsequent assertion as to lack of jurisdiction or any other ground, the stay sought in this motion is denied.

Concur — Botein, P.J., Rabin, Valente, McNally and Stevens, JJ.