Opinion
March 11, 1985
Appeal from the Supreme Court, Nassau County (DiPaola, J.).
Order affirmed, insofar as appealed from, with costs.
It is obvious from a reading of Justice DiPaolo's memorandum that this matter has been caused to lag unreasonably and that it was his intention that it be determined on its merits with all dispatch. His interpretation and application of his earlier order comport with this desire and do not offend any applicable principle of law or statute. Significantly there has been no stay of summary proceeding, there has been no appeal or motion to reargue regarding the earlier order which might have sought clarification thereof to the end now sought on appeal, and the very taking of this appeal is antithetical to the dispatch sought and anticipated by Justice DiPaola, as demonstrated by his grant of a trial preference in this matter. Indeed, had this matter progressed as anticipated, the relief sought would be unnecessary. Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.