Opinion
December 27, 1990
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Defense counsel's appearance at the arbitration hearing without his clients and his refusal to participate in the hearing constituted a default on the part of defendants (see, Finamore v. Huntington Cardiac Rehabilitation Assn., 150 A.D.2d 426). Although 22 NYCRR 28.7 (a) provides for vacating an arbitration award where a party defaults upon a showing of "good cause", the record herein fails to indicate any valid reason for the failure to proceed with arbitration. Accordingly, defendants failed to demonstrate "good cause" and the motion to vacate the default judgment was properly denied (see, Sassower v. Higbee, 96 A.D.2d 588).
Order affirmed, without costs. Weiss, J.P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.