Opinion
January 24, 1991
Appeal from the Supreme Court, New York County (Kenneth Shorter, J.).
Petitioner sought to consolidate four separate arbitration proceedings based upon five separate contracts. The Supreme Court properly denied the petition concluding that petitioner did not meet the threshold requirement for consolidation — namely, proof of a plain identity between the issues involved in the controversies. (Matter of City of Cohoes [Cohoes Police Benevolent Protective Assn.], 63 A.D.2d 793.) This disposition is without prejudice to an application to consolidate made before the arbitrator.
Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Smith, JJ.