Ordered that the order is affirmed, with costs payable by the appellant personally.
Since the instant dispute over the distribution of the decedent's property was settled by stipulation, there is no justiciable controversy which would justify declaratory relief ( see, Downe v. Rothman, 215 A.D.2d 716, 717).
The appellant's remaining contentions are either without merit or need not be addressed in light of our determination.
Mangano, P.J., Bracken, Altman and Goldstein, JJ., concur.