Opinion
Submitted May 18, 1999
June 28, 1999
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated January 6, 1999, as denied his motion for a trial preference.
John Marshall, Plainview, N.Y., for appellant.
Frank V. Merlino, Garden City, N.Y. (Arthur B. Colligan on the brief), for respondents Jose F. Rivera and Melani E. Sayas.
LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the plaintiff's motion for a trial preference ( see, CPLR 3403[a][3]; see also, Stralberg v. Mauer, 166 A.D.2d 522, 523; Srajer v. Vanity Fair Mills, 159 A.D.2d 286; McDaniel v. Williams, 23 A.D.2d 729).