Opinion
February 23, 1998
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the order is affirmed, with costs.
The appellants failed to demonstrate that they had any real interest in the property which is the subject of this civil forfeiture action ( see, Osman v. Sternberg, 168 A.D.2d 490). In addition, they did not provide a sufficient explanation for not filing their motion to intervene in a timely manner ( see, CPLR 1012, 1013 N.Y.C.P.L.R.). They did not move to intervene until seven months after being notified of the commencement of the action and four months after a default judgment was entered against the named defendants ( see, Rectory Realty Assocs. v. Town of Southampton, 151 A.D.2d 737; Krenitsky v. Ludlow Motor Co., 276 App. Div. 511). Under these circumstances, the appellants effectively waived any right they had to participate in the litigation ( see, Krenitsky v. Ludlow Motor Co., supra).
Thompson, J.P., Joy, Goldstein and Luciano, JJ., concur.