BARKER v. BARKER

Appellant's motion to preclude plaintiff from testifying as a party at trial was properly denied. While plaintiff at one point indicated a willingness to discontinue, and a stipulation was prepared to that effect, the stipulation was neither signed by the attorneys for all the parties nor filed with the clerk of the court as required by CPLR 3217(a)(2) in order to be effective (see, Millicent Bender, Inc. v. J.D. Posillico, Inc., 144 A.D.2d 548; Noble v. O'Leary, 165 Misc.2d 231). Appellant's other claims are moot.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.