Smith v. Schnabel

Appeal from an order of the Supreme Court, Sullivan County, denying appellant’s motion for a trial preference made pursuant to CPLR 3403 (subd. [a], pars 1, 3). Special Term was not required to grant a trial preference under CPLR 3403 (subd. [a], par. 1). The 'Social Services Department of Sullivan County, while interested in the outcome of the litigation, *604is not a true party to .the action'as required by CPLR 3403 (subd. [a], par. 1), and the fact that appellant allegedly executed an assignment to the Social Services Department does not affect this conclusion in the instant ease (cf.…