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SALATA v. SALATA

307 A.D.2d 961 (2003)

762 N.Y.S.2d 916

JOHN SALATA, Appellant, v. DEBRA SALATA, Respondent.

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

Decided August 11, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs

A voluntary discontinuance may be accomplished by a written stipulation signed by the attorneys of record for all parties "provided * * * that no person not a party has an interest in the subject matter of the action" (see CPLR 3217 [a]; Tucker v Tucker, 55 N.Y.2d 378, 383-384 [1982]). The stipulation entered into by the parties in this case had...

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