In re the Arbitration between Phillips & Allcity Insurance

Appeal from an order and judgment (one paper) of the Supreme Court, New York County, entered upon default September 30, 1976, which granted petitioner’s application to confirm an arbitrator’s award and for judgment in accordance therewith, unanimously dismissed. Petitioner-respondent shall recover of respondent-appellant $60 costs and disbursements of this appeal. An order made on default is not appealable (CPLR 5511; Ross v Magid, 22 AD2d 829). However, we have examined the record and have considered appellant’s contentions. If we were not dismissing the appeal, we would affirm the…