Geller v. Geller

Full title: SUSAN GELLER, Respondent, v. MARTIN GELLER, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 2, 1998

247 A.D.2d 364 (N.Y. App. Div. 1998)

667 N.Y.S.2d 942

Opinion

February 2, 1998

Appeal from the Supreme Court, Queens County (Beldock, J.H.O.).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's motion to remove the proceeding entitled Matter of Geller v. Geller, Docket No. 11940/97, pending in the Family Court, New York County, and consolidate it with the instant matrimonial action entitled Geller v. Geller, Index No. 838/90, pending in the Supreme Court, Queens County, is granted, and the proceedings are consolidated.

Under the circumstances of this case, it was an improvident exercise of discretion for the Judicial Hearing Officer to deny the defendant's motion to remove the Family Court proceeding commenced in New York County and consolidate it with the post-judgment proceedings pending in the Supreme Court matrimonial action ( see generally, Paul B. S. v. Pamela J. S., 70 N.Y.2d 739).

Miller, J. P., Ritter, Pizzuto and Altman, JJ., concur.