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U.S. v. STATE OF N.Y.

No. 784, Docket 86-6220.

820 F.2d 554 (1987)

UNITED STATES of America, Plaintiff-Appellee, Craig G. Smith and Michael L. McMahon, Proposed Intervenors, Michael L. McMahon, Proposed Intervenor-Appellant, v. STATE OF NEW YORK; William G. Connellie, Superintendent, New York State Police, Michael M. Ruddy, Daniel Voght, James W. Haker, Brendan Moran, Keith A. Gutbrodt, Donald J. Hudson, Jr., James C. Cox, Michael D. Dicamillo, and Edward K. Ludlum, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 4, 1987.

Attorney(s) appearing for the Case

Robert E. Ganz, Albany, N.Y., for proposed intervenor-appellant, Michael L. McMahon.

Frank D. Allen, Jr., Civil Rights Div., Washington, D.C. (Wm. Bradford Reynolds, Asst. Atty. Gen., David K. Flynn, Attorney, Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., of counsel), for plaintiff-appellee, U.S.

Alan S. Kaufman, Asst. Atty. Gen. of the State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., O. Peter Sherwood, Sol. Gen., Albany, N.Y., of counsel) for defendants-appellees, The State of N.Y. and The Superintendent, New York State Police.

Before KAUFMAN and CARDAMONE, Circuit Judges, and BONSAL, Senior District Judge.

CARDAMONE, Circuit Judge:

The facts of this appeal lend little support to the view that all things come to those who wait. Here nothing came to appellant Michael McMahon, who waited until it was too late before making a motion to intervene. For lack of timeliness an order was entered in the Northern District of New York (Foley, J.) that denied his attempt to intervene in a suit before the district court. Although we come...

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