Town of Warwick v. Black Bear Campgrounds

Summary

The Appellate Division, Second Department affirmed the denial of Giora Neeman and Giora Neeman, LLC's motion to intervene in the Town of Warwick's action seeking to enjoin operation of a campground allegedly violating the zoning law. The court held that the motion to intervene under CPLR 1012 and 1013 was untimely. The court deemed the parties' remaining contentions academic.

Holdings

1. A motion for intervention under either CPLR 1012 or CPLR 1013 must be timely, and the proposed intervenors' motion was properly denied as untimely under the circumstances.

Questions Presented

1. Whether the proposed intervenors' motion for leave to intervene under CPLR 1012 or 1013 was timely.
2. Whether the Supreme Court properly denied intervention based on untimeliness.

Disposition

affirmed