| JP Morgan Chase Bank, N.A. v Phillips-Osuji |
| 2014 NY Slip Op 06057 [120 AD3d 1194] |
| September 10, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| JP Morgan Chase Bank, N.A.,
Respondent, v Christine Phillips-Osuji et al., Defendant. Samuel Osuji, Nonparty Appellant. |
Samuel Osuji, Hempstead, N.Y., nonparty-appellant pro se.
Parker Ibrahim & Berg LLC, New York, N.Y. (John M. Falzone and Scott W. Parker of counsel), for respondent.
In an action to foreclose a mortgage, nonparty Samuel Osuji appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated October 15, 2012, which denied his motion for leave to intervene as a defendant.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly denied the proposed intervenor's motion for leave to intervene as a defendant. The proposed intervenor, the spouse of the defendant Christine Phillips-Osuji, was not, under the facts of this case, entitled to intervene as of right (see CPLR 1012; State St. Bank & Trust Co. v Calandro, 243 AD2d 705 [1997]; Arbor Natl. Mtge. v Goldsmith, 154 Misc 2d 853 [Sup Ct, Nassau County 1992]). Moreover, the denial of leave to intervene by permission was a provident exercise of the Supreme Court's discretion (see CPLR 1013; Pappas v Pappas, 95 AD3d 1283 [2012]).
The proposed intervenor's remaining contentions are not properly before this Court. Dillon, J.P., Hall, Miller and Hinds-Radix, JJ., concur.