In re the Arbitration between Cathedral Park Building Associates & Damon & Morey (210 A.D.2d 970, 1994)

—Order and judgment unanimously vacated without costs. Memorandum: The issue raised on this appeal was fully briefed and decided in favor of petitioner in a prior appeal (see, Cathedral Park Bldg. Assocs. v Damon & Morey, 199 AD2d 1045). (Appeal from Order and Judgment of Supreme Court, Erie County, Mintz, J.—Arbitration.) Present —Pine, J. P., Lawton, Fallon, Davis and Boehm, JJ.