Appellate Division of the Supreme Court of the State of New York April 5, 1985 (Dolin v. Passero-Scardetta Associates)

It is well settled that where, as here, an order imposes costs on the moving party as a condition of granting the relief sought, the acceptance and retention of the costs by the adverse party operates as a waiver of the right to appeal (see, e.g., Gray v Great Southwest Fire Ins. Co., 93 AD2d 998; Matter of Nassau Ins. Co. [Franklin — Eden Transp. Sys.