| JP Morgan Chase Bank, N.A. v Phillips-Osuji |
| 2014 NY Slip Op 06057 |
| Decided on September 10, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on September 10, 2014SUPREME COURT OF THE STATE OF NEW YORKAppellate Division, Second Judicial Department
MARK C. DILLON, J.P.
L. PRISCILLA HALL
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
2013-00438
(Index No. 9121/11)
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.
DECISION & ORDER
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 Bank & Trust Co. v Calandro, 243 AD2d 705; Arbor Natl. Mtge. v Goldsmith, 154 Misc 2d 853 [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 AD3d 1283).
The proposed intervenor's remaining contentions are not properly before this Court.
DILLON, J.P., HALL, MILLER and HINDS-RADIX, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court