Plaintiff's second and third causes of action for malicious prosecution and abuse of process, respectively, were properly dismissed since, inter alia, the allegedly wrongfully commenced proceeding against plaintiff upon which his malicious prosecution claims are premised was not terminated in his favor and plaintiff cannot demonstrate that the complained-of proceeding was initiated without probable cause ( see Belsky v. Lowenthal, 62 A.D.2d 319, 321, affd 47 N.Y.2d 820), and since plaintiff is demonstrably unable to show that process was utilized against him, without excuse or justification, to obtain a collateral objective ( see Curiano v. Suozzi, 63 N.Y.2d 113, 116).
Inasmuch as the principal issues raised in connection with plaintiff's remaining causes, for breach of contract, unjust enrichment and conversion will be adjudicated in the context of the matrimonial action between plaintiff and Susan Hanrahan Rosen and other litigation pending in Suffolk County, where the disputed property and certain material police witnesses are situated ( see Katz v. Goodyear Tire Rubber Co., 116 A.D.2d 506, 508), we perceive no basis to disturb the motion court's determination to change the action's venue to Suffolk County ( see Blasch v. Chrysler Motors Corp., 84 A.D.2d 894, 895).
We have considered plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.