Opinion
March 28, 1994
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Ordered that the order is affirmed, with costs.
The underlying matter was properly settled pursuant to a stipulation between the parties providing for entry of a judgment by confession. Contrary to the contention of the plaintiff, there is no statutory bar to entering a judgment by confession as part of a stipulation settling an ongoing action (see, Joab Commercial Laundries v. Reeder, 159 A.D.2d 489; City of Poughkeepsie v. Albano, 122 A.D.2d 14). Nor, contrary to the contention of the plaintiff, is there anything inherently impermissible in permitting this plaintiff (himself an attorney) to designate the defendant's attorney to fill in the amount due (calculated pursuant to the terms of the stipulation) on an otherwise complete affidavit of confession of judgment (see, Fiore v. Oakwood Plaza Shopping Ctr., 78 N.Y.2d 572, cert denied ___ US ___, 113 S Ct 75). The plaintiff's remaining contentions are either unpreserved for appellate review or without merit. Balletta, J.P., O'Brien, Ritter and Florio, JJ., concur.