Opinion
2002-07465
Argued September 15, 2003.
October 20, 2003.
In a condemnation proceeding pursuant to EDPL article 4, the Town of Pelham, the Village of Pelham, the Pelham Union Free School District, and the Village of Pelham Manor appeal from a judgment of the Supreme Court, Westchester County (Rosato, J.), entered July 5, 2002, which granted the petition.
Goldstein, Goldstein, Rikon Gottlieb, P.C., New York, N.Y. (M. Robert Goldstein and Michael Rikon of counsel), for nonparty-appellants.
John E. Watkins, Jr., White Plains, N.Y. (Liane V. Watkins), for respondent.
Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Although the appellants, nonparties to this proceeding, served what purported to be answers to the petition, they declined to intervene despite being invited to do so by the Supreme Court. In light of that failure, they cannot now be heard to complain as to an outcome they believe to be adverse to them, and we decline to reach their remaining contentions ( cf. Triangle Pacific Bldg. Prods. Corp. v. National Bank of North Amer., 62 A.D.2d 1017; Citibank v. Island Fed. Credit Union, 190 Misc.2d 694, 695; see generally CPLR 1001, 1002, 1012, 1013, 5511).
FLORIO, J.P., FEUERSTEIN, CRANE and RIVERA, JJ., concur.