Opinion
2014-09-10
JP MORGAN CHASE BANK, N.A., respondent, v. Christine Phillips–OSUJI, et al., defendant; Samuel Osuji, etc., nonparty-appellant.
Samuel Osuji, Hempstead, N.Y., nonparty-appellant pro se. Parker Ibrahim & Berg LLC, New York, N.Y. (John M. Falzone and Scott W. Parker of counsel), for respondent.
Samuel Osuji, Hempstead, N.Y., nonparty-appellant pro se. Parker Ibrahim & Berg LLC, New York, N.Y. (John M. Falzone and Scott W. Parker of counsel), for respondent.
In an action to foreclose a mortgage, nonparty Samuel Osuji appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated October 15, 2012, which denied his motion for leave to intervene as a defendant.
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court properly denied the proposed intervenor's motion for leave to intervene as a defendant. The proposed intervenor, the spouse of the defendant Christine Phillips–Osuji, was not, under the facts of this case, entitled to intervene as of right ( see CPLR 1012; State St. Bank & Trust Co. v. Calandro, 243 A.D.2d 705, 665 N.Y.S.2d 305; Arbor Natl. Mtge. v. Goldsmith, 154 Misc.2d 853, 586 N.Y.S.2d 702 [Sup.Ct. Nassau County] ). Moreover, the denial of leave to intervene by permission was a provident exercise of the Supreme Court's discretion ( see CPLR 1013; Pappas v. Pappas, 95 A.D.3d 1283, 944 N.Y.S.2d 905).
The proposed intervenor's remaining contentions are not properly before this Court. DILLON, J.P., HALL, MILLER and HINDS–RADIX, JJ., concur.