In re Rapoport
Opinion of the Court
The Surrogate properly denied the proposed intervenors’ request to intervene in the reformation proceeding regarding the testator’s will. The proposed intervenors are not named in the will — a fact that they concede — and cannot fulfill the requirement under CPLR 1012 that the judgment may adversely affect their interests (see Matter of Vaughn, 267 AD2d 763, 763-764 [1999]; Matter of Flemm, 85 Misc 2d 855, 857 [1975]). Indeed, the proposed intervenors base their argument in favor of intervention on the occurrence of a contingent event that
The proposed intervenors’ appeal from the reformation decree is improper because they were properly denied leave to intervene, and the appeal therefore must be dismissed. Concur— Tom, J.P, Catterson, DeGrasse, Richter and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.