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JOSEPH COOPER, ETC., ET AL., appellants, v. HEMPSTEAD GENERAL HOSPITAL, defendant third-party and second third-party plaintiff-respondent. THELMA MARTINEZ WARNER, ETC., ET AL., defendants third-party defendants-respondents, et al.; second third-party defendant-respondent.

DECISION ORDER

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

Contrary to the appellants' contention, the Supreme Court properly refused to vacate a stipulation of settlement entered into in open court pursuant to which the appellants settled their claims with all but one defendant. It is well settled that stipulations of settlement are judicially favored and should not be lightly set aside ( see Matter of Byrne v. Nassau County Bd. of Elections, 307 A.D.2d 1053). In addition, the appellants' former attorneys had apparent authority to enter into the stipulation and the appellants waited approximately 17 months before they sought to vacate the stipulation ( see Hallock v. State of New York, 64 N.Y.2d 224; Bubeck v. Main Urology Assocs., 275 A.D.2d 909; Matter of Bouloy v. Peters, 262 A.D.2d 209, 210; Ryerson v. Ryerson, 208 A.D.2d 914; Swanson v. Bryant, 160 A.D.2d 999, 1001).

The appellants' remaining contention is without merit.

FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.

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COOPER v. HEMPSTEAD GENERAL HOSPITAL
(Dec 15, 2003)