Opinion
June 13, 1994
Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.).
Ordered that the order is affirmed insofar as appealed from, with costs, and the plaintiff's time to serve an affidavit is extended until 30 days after the service upon her of a copy of this decision and order with notice of entry.
The trial court did not improvidently exercise its discretion by conditioning consolidation of the plaintiff's actions for medical malpractice and wrongful death upon the plaintiff's submission of a physician's affidavit establishing a causal connection between the alleged malpractice and the decedent's death (see, Vastola v. Maer, 48 A.D.2d 561, affd 39 N.Y.2d 1019; White v. Mid-Town Oil Co., 152 A.D.2d 692; Rubin v. Grossman, 34 A.D.2d 680; Talmatch v. Samet, 134 Misc.2d 1013). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Kruasman, JJ., concur.