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OPARAJI v. WESTON

293 A.D.2d 592 (2002)

740 N.Y.S.2d 238

MAURICE OPARAJI, Respondent, v. ROBERT WESTON, Defendant. MADISON QUEENS-GUY BREWER, LLC, Proposed Intervenor-Appellant.

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

Decided April 15, 2002.

Ordered that the appeal from so much of the order as denied that branch of the motion which was to stay the execution of the judgment is dismissed as academic; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that the respondent is awarded one bill of costs.

Intervention under CPLR 1012 and 1013 requires a timely motion (see CPLR 1012, 1013; Rectory Realty Assoc. v Town of Southampton,...

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