NEW YORK SUPREME COURT, APPELLATE DIVISION, SECOND DEPARTMENT
September 30, 2002
ANTHONY J. DECINTIO, PETITIONER,
SUPREME COURT OF THE STATE OF NEW YORK, SUFFOLK COUNTY, ET AL., RESPONDENTS.
Sandra J. Feuerstein, J.P.,
William D. Friedmann,
Robert W. Schmidt,
Reinaldo E. Rivera, JJ.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & JUDGMENT
(Index No. 13972/98)
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondents to consolidate for trial an action entitled DeCintio v. Schatkin, pending in the Supreme Court, Westchester County, under Index No. 144/01, with an action entitled Catania v. DeCintio, pending in the Supreme Court, Suffolk County, under Index No. 13972/98.
ADJUDGED that the petition is denied and the proceeding is dismissed as academic, (*2)without costs or disbursements.
By decision and order of the Supreme Court, Westchester County, entered March 21, 2001, the actions were joined for trial in the Supreme Court, Suffolk County.
FEUERSTEIN, J.P., FRIEDMANN, SCHMIDT and RIVERA, JJ., concur.