MULLIGAN v. FARMINGDALE UN. FREE SCH. DIST

Ordered that the order is affirmed, with costs.

The appellant, which declined to commence a third-party action for contribution (see, CPLR 1007), did not move to consolidate the instant action with the plaintiffs' medical malpractice action until this action was scheduled for trial (cf., Steuerman v. Broughton, 123 A.D.2d 681; Inspiration Enters. v. Inland Credit Corp., 54 A.D.2d 839, appeal dismissed 40 N.Y.2d 1014). As a result, inter alia, of necessary proceedings before a medical malpractice panel (see, Judiciary Law § 148-a), trial of the malpractice action cannot take place for some time to come. Under the circumstances, including the prejudicial delay which would be occasioned by consolidation, we cannot say the Supreme Court abused its discretion by denying the motion. Thompson, J.P., Niehoff, Sullivan and Harwood, JJ., concur.