Appeal unanimously dismissed without costs. Memorandum: By accepting the sanctions imposed in the court's conditional order, defendant forfeited his right to appeal (see, Gohery v Spartan Concrete Corp., 85 A.D.2d 678, affd 56 N.Y.2d 785; James v Powell, 24 A.D.2d 428; Wesson v Dullzell, 15 A.D.2d 744; 10 Carmody-Wait 2d, N Y Prac §§ 70:84, 70:87; see also, Dolin v Passero-Scardetta Assocs., 110 A.D.2d 1051). This Court can entertain an appeal only from an aggrieved party (CPLR 5511). The statement in the order on appeal that, in the event it is reversed on appeal, defendant's attorneys shall refund the sanctions to plaintiff's attorneys, cannot change this result.