Opinion
June 6, 1988
Appeal from the Supreme Court, Queens County (Zelman, J.).
Ordered that the order is reversed, on the law, with costs, and the matter is removed from the Trial Calendar.
On November 10, 1986, a hearing which had been directed by order dated October 14, 1986, was to have taken place before the hearing Justice in connection with a motion which the defendant wife had made in a separate action (see, Post v Post, 141 A.D.2d 518 [decided herewith]). Instead of conducting that hearing, the hearing Justice, in the absence of any motion pending in the instant case, vacated 5 previous orders of 4 different Justices, all of which had refused to allow the plaintiff husband to proceed to trial in the present case because of his noncompliance with previous discovery demands, and ordered the parties to proceed to trial. Such action constituted a deviation from the principles which comprise the doctrine of law of the case (see also, Post v Post, supra) and we order a reversal. Bracken, J.P., Brown, Weinstein and Rubin, JJ., concur.