Opinion
2002-05724
October 1, 2002.
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondents to consolidate for trial an action entitled DeCintio v. Schatkin, pending in the Supreme Court, Westchester County, under Index No. 144/01, with an action entitled Catania v. DeCintio, pending in the Supreme Court, Suffolk County, under Index No. 13972/98.
Anthony J. DeCintio, petitioner pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Roy A. Esnard of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
ADJUDGED that the petition is denied and the proceeding is dismissed as academic, without costs or disbursements.
By decision and order of the Supreme Court, Westchester County, entered March 21, 2001, the actions were joined for trial in the Supreme Court, Suffolk County.
FEUERSTEIN, J.P., FRIEDMANN, SCHMIDT and RIVERA, JJ., concur.