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In the Matter of Power Authority of the State of New York v. Robert F. Flacke, as Commissioner of Environmental Conservation, and Catskill Center for Conservation and Development, Inc., et, al., Intervenors-Respondents. Town of Prattsville, Proposed Intervenors
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 AD2d 664, mot for lv to app den 33 NY2d 520). The Town of Prattsville and Greene County may file a brief amicus curiae within 20 days after filing of petitioner’s brief.
Mahoney, P. J., Sweeney, Kane, Weiss and Levine, JJ., concur.