Opinion
December 27, 1994
Appeal from the Supreme Court, Kings County (Yoswein, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
In July 1990, the parties' attorneys executed a stipulation settling the plaintiffs' claim for $3,500. However, as a result of the plaintiffs' disappearance, the release was never signed. Accordingly, the stipulation of settlement never took effect, no sums of money were payable to the plaintiffs, and their attorneys were not entitled to a fee and disbursements (cf., Code of Professional Responsibility DR 9-102 [F] [ 22 NYCRR 1200.46 (f)]). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.