Petrecca v. J. Carotenuto & Sons, Inc. ( 1965 )

Order, entered on January 19, 1965, denying a motion by plaintiff in Action No. 1 to consolidate Actions No. 1 and No. 2 and to remove Action No. 2 from the Surrogate’s Court to the Supreme Court, unanimously affirmed, with $30 costs and disbursements to respondents. The court, in affirming, does so in the exercise of discretion and does not find it necessary to reach the question of power. Concur — Breitel, J. P., Valente, McNally, Stevens and Eager, JJ.