SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

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SANDRA J. FEUERSTEIN, J.P.

WILLIAM D. FRIEDMANN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2002-05724

In the Matter of Anthony J. DeCintio, petitioner,

v

Supreme Court of the State of New York, Suffolk County, et al., respondents.

(Index No. 13972/98)

Anthony J. DeCintio, petitioner pro se.

Eliot Spitzer, Attorney-General, New York, N.Y. (Roy A. Esnard of counsel), for respondents.

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, 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.

ENTER:

James Edward Pelzer

Clerk