In an action for a declaratory judgment as to the disclaimer by defendants, two insurance companies, of liability upon a certain automobile liability policy, MVAIC appeals from (1) two decisions of the Supreme Court, Kings County, dated April 17, 1967 and May 8, 1967, respectively, and, (2) as limited by its brief, from so much of an order of said court dated June 2, 1967 as, on reargument, adhered to the original decision denying MVAIC's motion for leave to intervene as a party defendant. Appeals dismissed insofar as they are from the decisions, without costs. No appeal lies from a decision. Order reversed insofar as appealed from, with $10 costs and disbursements against defendants, and said motion granted. MVAIC may serve its answer within 10 days after entry of the order to be made hereon. Plaintiff was injured in an automobile accident on which defendant carriers disclaimed laibility because their insured had failed to give notice of the accident to them. A separate action was brought by plaintiff against the insured for damages to recover for personal injuries. MVAIC should be made a party defendant and, under the circumstances present herein, its application to intervene was not untimely ( MVAIC v. National Grange Mut. Ins. Co., 26 A.D.2d 6, affd. 19 N.Y.2d 115). Beldock, P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.