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TOWN OF WARWICK v. BLACK BEAR CAMPGROUNDS

2010-07900.

95 A.D.3d 1002 (2012)

943 N.Y.S.2d 608

2012 NY Slip Op 3634

TOWN OF WARWICK et al., Appellants, v. BLACK BEAR CAMPGROUNDS et al., Respondents. BLACK BEAR FAMILY CAMPGROUND, INC., et al., Proposed Intervenors-Respondents.

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

Decided May 8, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contention, the Supreme Court had the power to entertain that branch of the motion of the defendants and the proposed intervenors (hereinafter collectively the respondents) which was to vacate a judgment dated December 21, 2009. Although that branch of the motion was not premised upon any of the grounds expressly set forth in CPLR 5015, the Supreme Court has the inherent...

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