Park East Corp. v. Whalen
New York Court of Appeals
1Opinion of the Court
*560Memorandum. Appellant filed a notice of appeal, as of right, 36 days after the date of the denial by the Appellate Division of leave to appeal but within 30 days after service of a copy of the order denying leave with written notice of entry.
Literally and out of context, CPLR 5514 (subd [a]) seems to require computation of the time to take an alternative method of appeal to begin on the date of the denial or dismissal of the first attempted appeal. However, we interpret CPLR 5514 (subd [a]) similarly to the provision for all other appeal time limitations, so as to require computation of the…
2Cases cited1 opinion
- Dayon v. Downe Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
3Cited by7 opinions
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- American Banana Co. v. Venezolana Internacional de Aviacion S.A.Appellate Division of the Supreme Court of the State of New York · 1979
- Sawma v. BaneAppellate Division of the Supreme Court of the State of New York · 1993
- County of Franklin v. ConnelieAppellate Division of the Supreme Court of the State of New York · 1978
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