Opinion
February 3, 1995
Appeal from the Supreme Court, Monroe County, Siracuse, J.
Present — Denman, P.J., Green, Fallon, Balio and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff's motion for a discontinuance of the divorce action. "[D]iscontinuance would work particular prejudice against defendant in that it would result in converting what has otherwise been separate property into marital property upon the commencement of any new proceeding" (Ruppert v Ruppert, 192 A.D.2d 925, 926; see also, Tucker v. Tucker, 55 N.Y.2d 378, 383-384; Kane v. Kane, 163 A.D.2d 568, 571).