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Sunday, December 4, 2016

HUNY & BH ASSOCIATES INC, ET AL. VS. AVI SILBERBERG, ET AL. A-4569-15T1


HUNY & BH ASSOCIATES INC, ET AL. VS. AVI SILBERBERG,
          ET AL.
A-4569-15T1
Our court has split on the question whether an order denying intervention as of right under Rule 4:33-1 is appealable as of right as a final order. Compare Grober v. Kahn, 88 N.J. Super. 343 360 (App. Div. 1965) (order appealable as a right), rev'd on other grounds, 47 N.J. 135 (1966), with Gov't Sec. Co. v. Waire, 94 N.J. Super. 586, 588-89 (App. Div.) (characterizing appeal as interlocutory, without discussing Grober), certif. denied, 50 N.J. 84 (1967). In this case, we deem it consistent with New Jersey practice and policy to treat the denial of a motion to intervene as of right as an interlocutory order, for which there is no right to appeal. We conclude that federal practice, upon which the Grober panel relied, is not a persuasive model.
In a dissenting opinion, Judge Fisher agrees there is no right to appeal from the denial of a motion to intervene as of right. But, rather than dismiss the appeal, he would grant leave to appeal, stating that the court should liberally indulge applications for interlocutory review of such orders.