Ordered that the appeal from the order dated October 26, 2004, is dismissed as abandoned ( see 22 NYCRR 670.8 [e]); and it is further,
Ordered that the appeal from the order dated August 17, 2004, which denied the plaintiff's motion to confirm the arbitration award dated June 14, 2004, is dismissed, as the defendant-appellant is not aggrieved thereby ( see CPLR 5511); and it is further,
Ordered that the order dated August 17, 2004, which denied the defendant-appellant's motion to vacate the arbitration award dated June 14, 2004, is reversed, on the law, the motion to vacate is granted, and the arbitration award dated June 14, 2004, is vacated; and it is further,
Ordered that the order entered October 8, 2004, is reversed, on the law, the plaintiff's motion to confirm the arbitration awards dated July 27, 2004, is denied, the cross motion is granted, the arbitration awards dated July 27, 2004, are vacated, and the order dated October 26, 2004, is vacated; and it is further,
Ordered that the defendant-appellant is awarded one bill of costs, payable by the plaintiff.
This Court determined in the companion appeals ( see Hart v. Tri-State Consumer, Inc., 18 AD3d 610 [decided herewith]) that the plaintiff waived arbitration by commencement of the instant action. Accordingly, the arbitration awards must be vacated.