Sacco v. Profit — 133 A.D.2d 535

Majority

p. 535

In the Matter of James A. Sacco, Respondent, v Joseph Profit, Appellant, and Lucille Britt et al., Constituting the Niagara County Board of Elections, Respondents.

— Appeal unanimously dismissed without costs. Memorandum: By stipulation on the record, respondent Profit agreed not to appeal from the court’s determination. Parties are free to chart their own litigation course and may stipulate that the decision of a lower court shall be final, thus waiving their right of appeal (Matter of New York, Lackawanna & W. R. R. Co., 98 NY 447 , 453; see also, Mitchell v New York Hosp., 61 NY2d 208 , 214). (Appeal from order of Supreme Court, Niagara County, Doyle, J.) Present — Callahan, J. P., Doerr, Boomer, Balio and Law-ton, JJ. (Order entered Sept. 3, 1987.)

Cases cited

In re New York, Lackawanna & Western Railroad 98 NY 447 N.Y. 1885-03-10 at 453 p. 535
Mitchell v. New York Hospital 61 NY2d 208 N.Y. 1984-02-23 at 214 p. 535