Opinion
Submitted November 15, 1971
Decided November 18, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS S. AGRESTA, J.
John Nielsen for motion.
Patrick J. Hughes opposed.
Bernard Meyerson also opposed.
Motion granted. MVAIC lacks standing as an aggrieved party or otherwise to participate as a party to the appeal, its status as one entitled potentially to a right of contribution being insufficient ( Nieves v. Manhattan Bronx Surface Tr. Auth., 24 N.Y.2d 741, 1030; Mahar v. City of Albany, 303 N.Y. 672, cf. CPLR 1402).