Cusumano v. Cusumano

In an action, inter alia, to impose a constructive trust, the defendants appeal from an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated April 9, 2013, which denied their motion pursuant to CPLR 602 (a) to consolidate this action with two proceedings, both entitled Matter of Cusumano v Cusumano, pending in the Family Court, Suffolk County, under docket Nos. F-06045-12/12B and F-06045-12/12C, respectively, or, in the alternative, for a joint trial.

Ordered that the order is modified, on the law, on the facts, and in the exercise of discretion, with costs, by deleting the…