Power Authority v. Flacke
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Motion for permission to intervene denied, without costs, upon the ground that such motion is untimely. Where a party would be barred from commencing a proceeding by the Statute of Limitations, such bar may not be avoided by way of intervention as a petitioner (see Matter of Mulkeen v Bronstein, 75 Misc 2d 110, affd 43 AD2d 664, mot for lv to app den 33 NY2d 520). The Town of Prattsville and Greene County may file a brief amicus curiae within 20 days after filing of petitioner’s brief. Mahoney, P. J., Sweeney, Kane, Weiss and Levine, JJ., concur.
2Cases cited1 opinion
- Mulkeen v. BronsteinNew York Supreme Court · 1973
3Cited by2 opinions
- William Court — White Hill Road Homeowners Ass'n v. New York State Commissioner of Mental Retardation & Developmental DisabilitiesNew York Supreme Court · 1994
- Greater New York Health Care Facilities Ass'n v. DeBuonoAppellate Division of the Supreme Court of the State of New York · 1997