Opinion
January 24, 1986
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Dillon, P.J., Denman, Boomer, Green and O'Donnell, JJ.
Order unanimously affirmed, with costs to plaintiff. Memorandum: In the absence of a timely motion made in accordance with CPLR 2214 and accompanied by a proposed pleading as required by CPLR 1014, it was error for Special Term even to entertain the request of New York Central Mutual Fire Insurance Company to intervene in this action (Matter of Colonial Sand Stone Co. v Flacke, 75 A.D.2d 894, 895; Mohawk Maintenance Co. v Drake, 29 A.D.2d 689; Matter of Carriage Hill v Lane, 20 A.D.2d 914; cf. Ryder v Travelers Ins. Co., 37 A.D.2d 797; Sterling Natl. Bank Trust Co. v Ambassador Factors Corp., 86 A.D.2d 547, 548; see, Siegel, N Y Prac § 183, at 222-223). Although we affirm, we address no other issue.