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MATTER OF POWER AUTH. OF THE STATE OF NEW YORK v. FLACKE

90 A.D.2d 878 (1982)

In the Matter of Power Authority of the State of New York, Petitioner, v. Robert F. Flacke, as Commissioner of Environmental Conservation, et al., Respondents, and Catskill Center for Conservation and Development, Inc., et al., Intervenors-Respondents. Town of Prattsville et al., Proposed Intervenors

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 8, 1982

Motion for permission to intervene denied, without costs, upon the ground that such motion is untimely. Where a party would be barred from commencing a proceeding by the Statute of Limitations, such bar may not be avoided by way of intervention as a petitioner (see Matter of Mulkeen v Bronstein, 75 Misc.2d 110, affd 43 A.D.2d 664, mot for lv to app den 33 N.Y.2d 520). The Town of Prattsville and Greene County may file a brief...

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