Opinion
April 14, 1977
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 A.D.2d 829). However, we have examined the record and have considered appellant's contentions. If we were not dismissing the appeal, we would affirm the order-judgment (see Bishop v Gilmore, 30 A.D.2d 696). Appellant claims, among other assertions, that as an action for negligence was pending against the assured, wherein he contested ownership, operation and control of the motor vehicle involved in the accident, that issue should not have been decided by the arbitrator. This argument must fall because it is now well settled that "no fault" arbitration is very broad in contrast to uninsured motorist arbitration and the former includes "such threshold issues as the question of involvement in the accident" (Matter of Walker [Government Employees' Ins. Co.], 54 A.D.2d 911; see, also, Matter of Green Bus Lines v Bailey, 80 Misc.2d 483, affd 50 A.D.2d 924; Matter of Horace Mann Ins. Co. v Poluchnovich, 53 A.D.2d 590).
Concur — Murphy, P.J., Birns, Silverman and Capozzoli, JJ.