David B. Jacobs, appellant, v. Georgia Grant, et al., defendants, Hawthorne Gardens Owners Corp., respondent.

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Supreme Court, Appellate Division, Second Department, New York.

David B. Jacobs, appellant, v. Georgia Grant, et al., defendants, Hawthorne Gardens Owners Corp., respondent.

2010–06127 (Index No. 2303/09)

Decided: November 29, 2011

A. GAIL PRUDENTI, P.J. PETER B. SKELOS RUTH C. BALKIN SANDRA L. SGROI, JJ. David B. Jacobs, Dix Hills, N.Y., appellant pro se. Schneider Mitola, LLP, Garden City, N.Y. (Jeffrey V. Basso of counsel), for respondent.

Submitted—October 11, 2011

DECISION & ORDER

In an action, inter alia, to recover damages for conversion, the plaintiff appeals, as limited by his notice of appeal and brief, from stated portions of an order of the Supreme Court, Nassau County (Parga, J.), entered May 7, 2010, which, among other things, denied that branch of his motion which was to consolidate this action with a summary proceeding entitled Matter of Hawthorne Gardens Owners Corp. v Jacobs, pending in the District Court, Nassau County, under Index No. SP 004412/09.

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contentions, the Supreme Court did not improvidently exercise its discretion in denying that branch of his motion which was to consolidate this action with a summary proceeding entitled Matter of Hawthorne Gardens Owners Corp. v Jacobs, pending in the District Court, Nassau County, under Index No. SP 004412/09 (see CPLR 602[a];  107–48 Queens Blvd. Holding Corp. v ABC Brokerage, 238 A.D.2d 557;  Titleserv, Inc. v. Zenobio, 210 A.D.2d 310, 311).

The plaintiff's remaining contentions are without merit.

PRUDENTI, P.J., SKELOS, BALKIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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