Matter of Power Auth. of St. of N.Y. v. Flacke

Full title: In the Matter of POWER AUTHORITY OF THE STATE OF NEW YORK, Petitioner, v…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 8, 1982

90 A.D.2d 878 (N.Y. App. Div. 1982)

Opinion

November 8, 1982

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 A.D.2d 664, mot for lv to app den 33 N.Y.2d 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.