Opinion
February 29, 1988
Appeal from the Supreme Court, Nassau County (Levine, J.H.O.).
Ordered that the appeal from the judgment dated October 20, 1986 is dismissed, as it was entered upon the parties' stipulation of settlement and is in favor of the defendant (see, CPLR 5511; Baecher v Baecher, 95 A.D.2d 841); and it is further,
Ordered that the order dated March 13, 1987 is affirmed; and it is further,
Ordered that the plaintiff wife is awarded one bill of costs.
The Supreme Court did not err in denying the defendant's motion to vacate the parties' judgment of divorce. In the first instance, contrary to the defendant's contention, the entry of the judgment of divorce more than 60 days after the court's decision did not constitute an abandonment of the action since "good cause" existed for the delay (see, 22 NYCRR 202.48 [a], [b]). In fact, the record indicates that the lengthy delay was directly related to the defendant's dilatory tactics. Moreover, the defendant's unsubstantiated claims of fraud and coercion are insufficient to warrant setting aside the judgment of divorce. Mollen, P.J., Bracken, Spatt and Sullivan, JJ., concur.