Opinion
April 28, 1988
Appeal from the Surrogate's Court of Delaware County (Estes, S.).
The decree appealed from expressly recites that, pursuant to a stipulation placed on the record, petitioner withdrew both the petition to remove respondent as executor and any objections to the resignation petition of respondent. We agree with respondent's contention that this appeal must therefore be dismissed (see, Matter of Pulver, 86 A.D.2d 705). Having received precisely what she stipulated to, petitioner is not an aggrieved party within the meaning of CPLR 5511 (see, Tongue v. Tongue, 61 N.Y.2d 809, 810). Petitioner's remedy for relief from the consequences of her stipulation is not by way of a direct appeal from the decree entered pursuant to that stipulation (see, Teitelbaum Holdings v. Gold, 48 N.Y.2d 51).
Appeal dismissed, with costs. Casey, J.P., Yesawich, Jr., Levine, Harvey and Mercure, JJ., concur.