General

In the Matter of James A. Sacco, Respondent, v. Joseph Profit, Appellant, and Lucille Britt et al., Constituting the Niagara County Board of Elections, Respondents

133 A.D.2d 535·New York Supreme Court, Appellate Division·1987·NY

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Opinion

In the Matter of James A. Sacco, Respondent, v Joseph Profit, Appellant, and Lucille Britt et al., Constituting the Niagara County Board of Elections, Respondents. [MAJORITY] — Appeal unanimously dismissed without costs. Memorandum: By stipulation on the record, respondent Profit agreed not to appeal from the court’s determination. Parties are free to chart their own litigation course and may stipulate that the decision of a lower court shall be final, thus waiving their right of appeal (Matter of New York, Lackawanna & W. R. R. Co., 98 NY 447, 453; see also, Mitchell v New York Hosp., 61 NY2d 208, 214). (Appeal from order of Supreme Court, Niagara County, Doyle, J.) Present — Callahan, J. P., Doerr, Boomer, Balio and Law-ton, JJ. (Order entered Sept. 3, 1987.)