Gunder v. 164 East Seventy-Second Street Corp.

Notice of appeal must be served within thirty days after leave to appeal has been granted. (Frenger v. Katz, 265 N. Y. 515; Parascandola v. Auditore, 242 N. Y. 571.) The sixty-day limitation from the date of service of notice of entry “ of the judgment or order appealed from ” (Civ. Prac. Act, § 592) cannot be applied literally where application for leave is required before an appeal may be taken. Of necessity the time to appeal in such cases is extended by implication so as to permit notice of appeal to be served within a reasonable time after an appeal was granted. In the absence of any…