Opinion
June 13, 1994
Appeal from the Supreme Court, Queens County (Dunkin, J.).
Ordered that the order is affirmed insofar as appealed from, with costs to the respondent Matthew M. Lupoli, Jr.
The Supreme Court did not err in denying the plaintiff's motion to remove the Surrogate's Court proceeding to Supreme Court and consolidate it with the instant action as the Surrogate's Court proceeding raised several issues which were not raised in this action, and there were no special circumstances which warranted transferring the Surrogate's Court proceeding to the Supreme Court (see, Matter of Moody, 6 A.D.2d 861). In addition, the Supreme Court did not err in staying this action, pending resolution of the Surrogate's Court proceeding, as the determination of the Surrogate's Court proceeding may dispose of the issues in the instant action (see, Hill v. Hill, 72 N.Y.S.2d 720).
We have examined the plaintiff's remaining contention and find it to be without merit. We decline the invitation to award sanctions in connection with this appeal. Rosenblatt, J.P., Ritter, Goldstein and Florio, JJ., concur.