Opinion
July 10, 1995
Appeal from the Supreme Court, Suffolk County (D'Emilio, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
By order of the Supreme Court, Suffolk County, dated February 15, 1995, the complaint was dismissed for lack of subject matter jurisdiction. The dismissal was without prejudice to the plaintiff's commencement of an action in the proper forum, the United States Bankruptcy Court, as the "Stipulation and Order of Settlement" which is at the heart of this matter was entered in that court. Thus, the United States Bankruptcy Court is the appropriate forum to interpret and enforce the terms of that stipulation (see, In re China Peak Resort, 847 F.2d 570, cert granted 488 U.S. 992, judgment vacated on other grounds sub nom. California Equalization Bd. v. Sierra Summit, 490 U.S. 844; In re Franklin, 802 F.2d 324).
The plaintiff's contention that the law firm in question should be disqualified from representing the defendant in other actions between the parties is not properly before this Court. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.