Ordered that the order and judgment is affirmed, without costs or disbursements.
The appellant waived its contention that the arbitrator exceeded his authority by making an award to the respondent after the limits of the uninsured endorsement had been previously exhausted. This ground should have been raised in an application to stay arbitration (see, CPLR 7503). Although such a proceeding was commenced, it was withdrawn as untimely and, moreover, was not based on the ground that the arbitrator had no authority to proceed. Inasmuch as this contention is the sole basis for the present appeal, the judgment must be affirmed (see, Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 309; Rochester City School Dist. v. Rochester Teachers Assn., 41 N.Y.2d 578, 582-583). Balletta, J.P., Miller, Ritter and Santucci, JJ., concur.