Ordered that the appeal is dismissed, without costs or disbursements.
The plaintiff waived her right to a review of the propriety of the order entered March 22, 1988, either by appeal or a motion for leave to renew, when she accepted the $250 sanction imposed by the court as a condition for granting the relief requested by the defendant (see, Carmichael v General Elec. Co., 102 A.D.2d 838; N J Foods v Shopwell Plaza Corp., 63 A.D.2d 899; see also, Scharlack v Richmond Mem. Hosp., 127 A.D.2d 580; see generally, 10 Carmody-Wait 2d, N Y Prac §§ 70:92, 70:95; Annotation, Right Of Appeal From Judgment Or Decree As Affected By Acceptance Of Benefit Thereunder, 169 ALR 985). The plaintiff may "not secure the fruits of an order and at the same time seek a review of it" (Carmichael v General Elec. Co., supra, at 839). Kunzeman, J.P., Rubin, Harwood and Balletta, JJ., concur.