Opinion
April 13, 1998
Appeal from the Surrogate's Court, Westchester County (Emanuelli, S.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision ( Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the decree is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs payable by the objectants personally.
The Surrogate properly denied the objectants' motion to vacate a stipulation of settlement. "It is well settled that stipulations of settlement are judicially favored, and may not be lightly cast aside" ( Matter of Gruntz, 168 A.D.2d 558, 559). "[A]bsent a showing that a stipulation of settlement was the product of fraud, overreaching, mistake, or duress, it will not be disturbed by the court" ( Enright v. Vasile, 205 A.D.2d 732, 733). The record indicates that the court conducted a proper allocution of the objectant Michael DePaul and determined that he voluntarily and knowingly accepted the terms of the stipulation.
The objectants' remaining contentions are without merit.
Altman, J.P., Krausman, Florio and Luciano, JJ., concur.