MATTER OF DEPARTMENT OF SOC. SERV. v. HERBERT

Ordered that the appeal is dismissed, without costs or disbursements.

The record indicates that the respondent voluntarily, knowingly, and intelligently stipulated to waive his right to appeal from the fact-finding adjudication in exchange for the agreed upon dispositional order. Having failed to show any grounds upon which to vacate the stipulation of settlement (see, Hallock v. State of New York, 64 N.Y.2d 224; Matter of Frutiger, 29 N.Y.2d 143; Bellefleur v. Gervais, 201 A.D.2d 524; Bailey v. New York City Tr. Auth., 196 A.D.2d 854), the respondent cannot now appeal from the dispositional order or seek review of the fact-finding determination. Mangano, P.J., Rosenblatt, Miller and Ritter, JJ., concur.