MATTER OF JOSEPH J. (ANONYMOUS). BERTHILIO OCTAVIA J. N. (ANONYMOUS), PETITIONER-res; RITE CAPITAL GROUP, LLC, NONPARTYap; JOSEPH J. (ANONYMOUS) NONPARTY-RESPONDENTS (AND OTHER TITLES). (INDEX NO. 100164/11)In a guardianship proceeding pursuant to Mental Hygiene Law article 81, in which Vera Institute of Justice, Inc., Guardianship Project was appointed as guardian for the personal needs and property management of Joseph J., an incapacitated person, nonparty Rite Capital Group, LLC, appeals from an order of the Supreme Court, Kings County (Baily-Schiffman, J.), dated September 13, 2012, which granted that branch of the guardian’s motion which was to consolidate the guardianship proceeding with an action entitled J. (Anonymous) v. J. (Anonymous), pending in the Supreme Court, Kings County, under Index No. 18255/08, an action entitled Sterling Real Estate Holding, LLC v. 293 Adelphi, LLC, pending in the same court under Index No. 30375/08, and an action entitled J. (Anonymous) v. J. (Anonymous), pending in the same court under Index No. 16535/10 and, in effect, thereupon granted that branch of the guardian’s motion which was to assign the consolidated matter to Justice Baily-Schiffman in the Supreme Court, Kings County.
ORDERED that the order is reversed, on the facts and in the exercise of discretion, with costs, that branch of the guardian’s motion which was to consolidate the guardianship proceeding with an action entitled J. (Anonymous) v. J. (Anonymous), pending in the Supreme Court, Kings County, under Index No. 18255/08, an action pending in the same court entitled Sterling Real Estate Holding, LLC v. 293 Adelphi, LLC, under Index No. 30375/08, and an action pending in the same court entitled J. (Anonymous) v. J. (Anonymous), under Index No. 16535/10, is granted only to the extent of directing a joint trial of the three actions, that branch of the guardian’s motion which was to assign the consolidated matter to Justice Baily-Schiffman in the Supreme Court, Kings County, is denied as academic, and a related order of the same court dated July 10, 2012, directing a joint trial of the guardianship proceeding and the three actions, is vacated.
