Majority
p. 756Joseph R. Panello, Individually and as Guardian ad Litem of June Panello, an Infant, Respondent, v. Andrew F. Zona et al., Defendants, and Edward F. Mahar, Appellant. (Action No. 1.) Albert Zona, Respondent, v. Salvation Army et al., Appellants. (Action No. 2.)
Order unanimously reversed, without costs of this appeal to any party and motion granted, without costs. Memorandum: The failure to grant an order consolidating the two actions was an improvident exercise of discretion. (Appeal from order of Monroe Special Term denying the defendants’ application for an order removing Action No. 2 from City Court of Rochester and consolidating the same with Action No. 1.) Present — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.