MATTER OF ARIES STRIPING, INC. v. HURLEY


202 A.D.2d 578 (1994)

610 N.Y.S.2d 821

In the Matter of Aries Striping, Inc., et al., Appellants, v. Joseph P. Hurley, as Commissioner of The Department of Public Works of Suffolk County, et al., Respondents

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

March 21, 1994


Ordered that the order and judgment is affirmed, with costs.

Since the petitioners failed to obtain leave to join the petitioner Joseph Ghiseline as a party (see, CPLR 401), the court properly treated the petitioners' cause of action under General Municipal Law § 51 asserted on Ghiseline's behalf in the amended petition as a nullity. In addition, the court correctly found that the proceeding was untimely commenced (see<...

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