Appeals from order entered on March 24, 1970, granting upon renewal a motion to vacate a default judgment against defendant Padgett on condition that said defendant pay $430 for costs in connection with the inquest taken on default, and from the order entered on March 30, 1970, granting the motion by defendant Moorehead to open the default and vacate the inquest, unanimously dismissed. Respondents shall recover of the appellant one bill of $30 costs and disbursements of the appeals. It appears that on March 30, 1970, plaintiff's attorney acknowledged receipt of a check for $430 in accordance with the order of March 24, 1970. That amount was imposed as a condition for granting the application to open the default. Under these circumstances, the acceptance and retention of the $430 constituted a waiver of plaintiff's right to appeal from the orders opening the defaults, and the motion to dismiss the appeal must be granted. ( Turntables, Inc. v. M.B. Plastics Corp., 33 A.D.2d 899.) In any event, this Court has examined the appeal on the merits, and were the appeals not being dismissed, the orders would have been affirmed. Motion to dismiss appeal dismissed as academic in view of this court's decision on appeal decided simultaneously herewith.
Concur — Eager, J.P., Capozzoli, McGivern and Markewich, JJ.