In re the Estate of Gregory

OPINION OF THE COURT

Evans V. Brewster, S.

In this proceeding under SCPA 1809 by the Public Administrator of this county, as administrator of decedent’s estate, to determine the validity of a claim, the Attorney-General has moved by order to show cause for leave to intervene in the proceeding pursuant to CPLR 1012. The Attorney-General also asserts that SCPA 316 makes him a necessary party to the proceeding thereby conferring upon him an absolute right to intervene. In the alternative, the Attorney-General argues *736that his intervention should be granted in the court’s discretion (CPLR 1013) in…