SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
October 15, 1968
IN THE MATTER OF ROBERT M. GINSBERG ET AL., APPELLANTS,
JOHN P. LOMENZO, AS SECRETARY OF STATE OF THE STATE OF NEW YORK, RESPONDENT
Application by nonparties made subsequent to the entry on October 7, 1968 of the order determining this appeal, "to intervene and reargue herein" Motion for reargument denied, without costs.
Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur.
The motion to intervene, under the circumstances, is academic, but in any event, the motion is denied as untimely, without costs. (CPLR 1012, subd. [a], 1013; Matter of Altimari v. Meisser, 23 A.D.2d 672
, app. dsmd. 15 N.Y.2d 964.)
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