Palacz v. Palacz

Motion for permission to appeal as poor person and for assignment of counsel denied and appeal dismissed. Memorandum: The order sought to be appealed recites that it was entered upon stipulation of the parties. Thus, no appeal lies because petitioner is not aggrieved (see, CPLR 5511; Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488; Matter of Brown v Starkweather, 197 AD2d 840, lv denied 82 NY2d 653). Present—Pine, J. P., Law-ton, Fallon, Doerr and Balio, JJ.