Opinion
February 27, 1995
Appeal from the Supreme Court, Suffolk County.
Ordered that the appeal is dismissed, with costs.
The appeal from the judgment must be dismissed because a party may not appeal from an order or judgment entered upon a stipulation (see, Hagfors v. Hagfors, 200 A.D.2d 873, 874; Kalra v. Kalra, 170 A.D.2d 579; Hopkins v. Hopkins, 97 A.D.2d 457). The defendant's proper remedy concerning the propriety of the parties' settlement agreement is a motion in the Supreme Court to set aside the stipulation (see, Hagfors v. Hagfors, supra; Hopkins v. Hopkins, supra). Pizzuto, J.P., Santucci, Friedmann and Krausman, JJ., concur.