Appellate Division of the Supreme Court of the State of New York March 11, 1970 (Smith v. Schnabel)

Reynolds, J.

Appeal from an order of the Supreme Court, Sullivan County, denying appellant’s motion for a trial preference made pursuant to CPLR 3403 (subd. [a], pars 1, 3). Special Term was not required to grant a trial preference under CPLR 3403 (subd. [a], par. 1). The 'Social Services Department of Sullivan County, while interested in the outcome of the litigation, *604is not a true party to .