Opinion
2004-387 ORC.
Decided March 23, 2005.
Appeal by plaintiff from an order of the City Court of Newburgh, Orange County (J. Patsalos, J.), entered November 13, 2003, granting defendant's motion to confirm an arbitrator's award.
Appeal unanimously dismissed.
PRESENT: McCABE, P.J., ANGIOLILLO and COVELLO, JJ.
The record indicates that plaintiff did not oppose defendant's motion to confirm the arbitrator's award. Consequently, the order entered on November 13, 2003 granting said motion, was entered upon plaintiff's default. Inasmuch as no appeal lies from an order entered upon the appellant's default, the appeal is dismissed ( see Super Laundry Equip. Corp. v. Ditmar Laundromat, Inc., 232 AD2d 476).