Opinion
570113/04.
Decided January 10, 2006.
Plaintiff appeals from an order of the Civil Court, New York County (Donna G. Recant, J.), entered February 18, 2004, which denied his motion to discontinue the action.
Order (Donna G. Recant, J.), entered February 18, 2004, affirmed, with $10 costs ( see Batac v. Capital One Bank, appeal numbered 05-276, decided herewith).
PRESENT: SUAREZ, P.J., DAVIS, SCHOENFELD, JJ
This constitutes the order of the court.
I concur.