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FRANCIS BISHOP ET AL. v. OWEN GILMORE ET AL. (06/24/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1968.NY.42258 <http://www.versuslaw.com>; 291 N.Y.S.2d 916; 30 A.D.2d 696 June 24, 1968 FRANCIS BISHOP ET AL., RESPONDENTS,v.OWEN GILMORE ET AL., RESPONDENTS. GRAPHIC ARTS MUTUAL INSURANCE COMPANY, APPELLANT Appeal by Graphic Arts Mutual Insurance Company from an order of the Supreme Court, Queens County, dated April 10, 1967, which confirmed, on default, a Special Referee's report recommending that appellant's motion for a stay be denied and that arbitration proceed in accordance with the demand of respondents Bishop. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.


Appeal by Graphic Arts Mutual Insurance Company from an order of the Supreme Court, Queens County, dated April 10, 1967, which confirmed, on default, a Special Referee's report recommending that appellant's motion for a stay be denied and that arbitration proceed in accordance with the demand of respondents Bishop.

Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

An order made on default is not reviewable (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.

Disposition

 Appeal dismissed, with $10 costs and disbursements to respondents Bishop.

19680624

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