Opinion
March 7, 2000
Order, Supreme Court, New York County (Carol Huff, J.), entered December 16, 1998, which granted the petition to consolidate petitioners' pending arbitration proceedings, unanimously affirmed, with costs.
Ronald J. Litchman, for petitioners-respondents.
Alan P. Fraade, for respondent-appellant.
NARDELLI, J.P., WILLIAMS, ELLERIN, WALLACH, SAXE, JJ.
The court properly exercised its discretion in consolidating the arbitration proceedings, all of which involved claims that respondent failed to compensate petitioners in accordance with their "of counsel" contracts (see, County of Sullivan v. Edward L. Nezalak, Inc., 42 N.Y.2d 123, 128-129). Respondent's claim that it was substantially prejudiced in the arbitration proceeding by the consolidation order is not properly before the court.
Motion seeking leave to strike reply brief denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.