Summary
dismissing appeal based on stipulation that appellant agreed not to appeal from the court's determination, noting that 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"
Summary of this case from Navidea Biopharmaceuticals, Inc. v. Capital Royalty Partners II, L.P.Opinion
September 30, 1987
Appeal from the Supreme Court, Niagara County, Doyle, J.
Present — Callahan, J.P., Doerr, Boomer, Balio and Lawton, JJ. (Order entered Sept. 3, 1987.)
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 N.Y. 447, 453; see also, Mitchell v. New York Hosp., 61 N.Y.2d 208, 214).