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MATTER OF CAPITAL ENTERPRISES CO. v. DWORMAN

653961/16-10554A. 10554. 10553.

178 A.D.3d 507 (2019)

111 N.Y.S.3d 850

2019 NY Slip Op 08936

In the Matter of Capital Enterprises Co., Appellant, v. Alvin Dworman, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 12, 2019.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York (Y. David Scharf of counsel), for appellant.

Mintz, Levin, Cohn, Ferris, Glovsky & Popeo P.C., New York (Christopher J. Sullivan of counsel), for respondent.

Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.

The arbitrator's orders were issued in connection with the sale process that followed the issuance of a partial final arbitral award (see Matter of Capital Enters. Co. v Dworman, 173 A.D.3d 466 [1st Dept 2019]). However, the orders are interlocutory and therefore not subject to judicial review (see Mobil Oil Indonesia v Asamera Oil [Indonesia], 43 N.Y.2d 276, 281 [1977] ["before the court may ... even entertain a suit seeking...

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