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MATTER OF SACCO v. PROFIT

133 A.D.2d 535 (1987)

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

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 30, 1987

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 N.Y. 447, 453; see also, Mitchell v New York Hosp.,

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