Valentino v. State

Sweeney, J. P.

An appeal in this case was previously argued in this court and we withheld determination and remitted the action for further proceedings (44 AD2d 338). Most of the pertinent facts are set forth in that opinion. It is, therefore, unnecessary to repeat them here. After a hearing on remand, the trial court concluded that a binding and valid agreement was in existence by March 9, 1972, prior to the date on which *17Dole v Dow Chem. Co. (30 NY2d 143) was handed down (March 22, 1972). In our previous decision we determined that, if there was a binding settlement agreement with the…