Matter of Aries Striping, Inc. v. Hurley

Full title: In the Matter of ARIES STRIPING, INC., et al., Appellants, v. JOSEPH P…

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

Date published: Mar 21, 1994

202 A.D.2d 578 (N.Y. App. Div. 1994)

610 N.Y.S.2d 821

Opinion

March 21, 1994

Appeal from the Supreme Court, Suffolk County (McInerney, J.).

Ordered that the order and judgment is affirmed, with costs.

Since the petitioners failed to obtain leave to join the petitioner Joseph Ghiseline as a party (see, CPLR 401), the court properly treated the petitioners' cause of action under General Municipal Law § 51 asserted on Ghiseline's behalf in the amended petition as a nullity. In addition, the court correctly found that the proceeding was untimely commenced (see, CPLR 217). Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.