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WEISSMAN v. WEISSMAN

300 A.D.2d 261 (2002)

751 N.Y.S.2d 366

DAVID J. WEISSMAN, Appellant, v. ANNE H. WEISSMAN, Respondent.

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

Decided December 31, 2002.

The appeal from the QDRO must be dismissed since a QDRO is not appealable as of right, and we decline to grant leave to appeal where plaintiff signed a stipulation withdrawing his opposition to the QDRO's entry without indicating that he would be seeking such leave (see Gormley v Gormley, 238 A.D.2d 545; Lewis v Lewis, 269 A.D.2d 429). Nor is there basis for vacating

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