Opinion
March 19, 1990
Appeal from the Family Court, Orange County (Spindel, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
The order on appeal clearly states that it was rendered pursuant to a stipulation of the parties on the record settling all issues raised by the petition and cross petition for custody. Therefore, the order entered pursuant to the stipulation is an order on consent from which no appeal lies (see, Matter of Schultz v Schultz, 117 A.D.2d 737, 738). The father's remedy is to move to vacate the stipulation (see, Baecher v Baecher, 95 A.D.2d 841).
Additionally, we note that the Family Court had acquired personal jurisdiction over the father as his failure to raise his jurisdictional objections before that court constituted a waiver thereof (see, CPLR 320 [b]; 3211 [e]; Osserman v Osserman, 92 A.D.2d 932). Kunzeman, J.P., Kooper, Sullivan and Miller, JJ., concur.