SICURELLA v. EMBRO

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The "determination of a motion for discontinuance rests within the sound discretion of the court, and is ordinarily granted absent prejudice to a substantial right of the defendant" ( Conte v Getty Petroleum Corp., 202 AD2d 621, 622; Valladares v Valladares, 80 AD2d 244, affd 55 NY2d 388). The Family Court did not improvidently exercise its discretion in granting the discontinuance because there was no prejudice to a substantial right of the father. Nor is there merit to the father's argument that the Support Magistrate ordered the discontinuance sua sponte; the record demonstrates that the mother moved to withdraw her claim for child care expenses.

The father's remaining contentions are without merit.