Opinion
2020-05436
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. Index No. 4568/17
Havens Law Firm, Warwick, NY (Jeremy L. Havens of counsel), for appellant. Jacobowitz & Gubits, LLP, Walden, NY (Kara J. Cavallo of counsel), for respondents.
Argued - October 14, 2021
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 plaintiffs 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 plaintiffs 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