Appeal and cross appeal from an order of the Court of Claims (Diane L. Fitzpatrick, J.), entered March 7, 2006 in a personal injury action. The order granted that part of the motion of the City of Syracuse for permission to file a late claim and denied that part of the motion for permission to intervene in the action.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in its entirety and as modified the order is affirmed without costs.
Memorandum: Claimant, a police officer for the City of Syracuse (City), was injured in an automobile accident during the course of his employment with the City. He commenced this action against defendant, alleging that the SUNY Upstate Medical Center was negligent in treating his injuries. The Court of Claims properly granted that part of the City’s motion for
We further conclude, however, that the court abused its discretion in denying that part of the motion of the City for permission to intervene in claimant’s action pursuant to CPLR 1013 in order to protect its interests. We therefore modify the order accordingly. The factors to consider in determining whether to grant permission to intervene are “grounded in general concepts of judicial efficiency and fairness to the original litigants, [and] are more likely to be outweighed, and intervention therefore warranted, when the intervenor has a direct and substantial interest in the outcome of the proceeding” (Matter of Pier v Board of Assessment Review of Town of Niskayuna, 209 AD2d 788, 789 [1994]). Here, the direct and substantial interest of the City is obvious, and we thus conclude that intervention is warranted. Present — Scudder, P.J., Centra, Lunn, Fahey and Peradotto, JJ.
