DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the Clerk of the Supreme Court, Ulster County, is directed to deliver to the Clerk of the Supreme Court, Nassau County, all of the papers filed in the action and certified copies of all minutes and entries (see, CPLR 511 N.Y.CPLR[d]), and the respective motions of the plaintiff and the defendant ELRAC, Inc., for summary judgment are remitted to the Supreme Court, Nassau County, for determination.
The plaintiff and the defendant ELRAC, Inc., d/b/a Enterprise Rent-A-Car Company, moved and cross-moved, respectively, for summary judgment. The Supreme Court did not decide the motions, but rather, sua sponte, ordered that this action be transferred and consolidated with the underlying wrongful death action pending in the Supreme Court, Ulster County. The Supreme Court erred when it ordered consolidation in the absence of any motion by one of the parties for such relief (see, CPLR 602 N.Y.CPLR[b]; Singer v. Singer, 33 A.D.2d 1054; see also, New York Annual Conference of Methodist Church v. Nam Un Cho, 156 A.D.2d 511, 514; Kobak v. Schultz, 117 A.D.2d 714).