Opinion
December 1, 1997
Appeal from the Supreme Court, Putnam County (Hickman, J.).
Ordered that the appeal from the order is dismissed, as no appeal lies as of right from an order which does not determine a motion made on notice ( see, CPLR 5701 [a] [2], [3]); and it is further,
Ordered that the appeal from the judgment is dismissed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The portions of the judgment from which the plaintiff appeals are based upon a comprehensive stipulation of settlement entered into by the parties. Consequently, those portions of the judgment are not appealable since the plaintiff consented to the terms of the stipulation and is not an aggrieved party ( see, CPLR 5511; Tongue v. Tongue, 61 N.Y.2d 809; Matter of Starz v. Tissiera, 206 A.D.2d 432; Strauss v. Strauss, 140 A.D.2d 330).
Thompson, J. P., Pizzuto, Joy and Florio, JJ., concur.