Opinion
2021-06608 Index 4568/17
11-24-2021
Grand Lodge of the Independent Order of Odd Fellows of the State of New York, appellant, v. Janet M. Rutigliano, etc., et al., respondents.
Havens Law Firm, Warwick, NY (Jeremy L. Havens of counsel), for appellant. Jacobowitz & Gubits, LLP, Walden, NY (Kara J. Cavallo of counsel), for respondents.
Havens Law Firm, Warwick, NY (Jeremy L. Havens of counsel), for appellant.
Jacobowitz & Gubits, LLP, Walden, NY (Kara J. Cavallo of counsel), for respondents.
REINALDO E. RIVERA, J.P. VALERIE BRATHWAITE NELSON ANGELA G. IANNACCI WILLIAM G. FORD, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for conversion and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Orange County (Maria S. Vazquez-Doles, J.), dated May 13, 2020. The order, insofar as appealed from, denied those branches of the plaintiff's motion which were to vacate the note of issue and pursuant to CPLR 2201 to stay all proceedings in this action.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying those branches of the plaintiff's motion which were to vacate the note of issue and to stay all proceedings in this action (see CPLR 2201; 22 NYCRR 202.21; Joseph v Propst, 306 A.D.2d 246).
RIVERA, J.P., BRATHWAITE NELSON, IANNACCI and FORD, JJ., concur.