Summary
granting intervenor status to intervening plaintiff and deeming intervening plaintiff's intervening complaint served
Summary of this case from Doe v. ZuckerOpinion
December 14, 1998
Appeal from the Supreme Court, Suffolk County (Dunn, J.).
Ordered that the plaintiff's appeal from the order entered August 6, 1997, is dismissed as abandoned, without costs or disbursements; and it is further,
Ordered that the order entered August 6, 1997, is affirmed insofar as appealed from by the defendant; and it is further,
Ordered that the order entered November 14, 1997, is affirmed insofar as appealed from; and it is further,
Ordered that the intervenor is awarded one bill of costs, payable by the defendant.
The Supreme Court providently exercised its discretion when it granted leave to intervene to Southold Citizens for Safe Roads, Inc. (hereinafter the intervenor), an organization representing neighboring homeowners who claim to have been adversely affected by the defendant's operation of a high-speed, passenger-only ferry service. The intervenor established that its members, some of whom suffered from an increase in noise, traffic, and air emissions on the streets upon which they reside, possessed a real and substantial interest in the outcome of this action (see, CPLR 1013; Patterson Materials Corp. v. Town of Pawling, 221 A.D.2d 609; Matter of Clinton v. Summers, 144 A.D.2d 145).
The defendant's remaining contentions are without merit.
Miller, J. P., Ritter, Copertino and Altman, JJ., concur.