Appellate Division of the Supreme Court of New York, 1978

County of Franklin v. Connelie

County of Franklin v. Connelie
Appellate Division of the Supreme Court of New York · Decided August 23, 1978
64 A.D.2d 948; 1978 N.Y. App. Div. LEXIS 12868
County of Franklin v. Connelie

Opinion of the Court

—Motion by respondent to dismiss appeal taken as of right and for other relief. Motion granted, without costs, only to the extent that the appeal taken as of right from the order dated June 8, 1978 is dismissed. Appellants’ time to move for permission to appeal shall begin to run upon service of the order dismissing the appeal with written notice of entry (CPLR 5514, subd [a]; cf. Matter of Park East Corp. v Whalen, 38 NY2d 559, 560). Motion in all other respects denied. Greenblott, J. P., Kane, Staley, Jr., and Herlihy, JJ., concur; Main, J., dissents and votes to grant the motion in its entirety. [95 Misc 2d 189.]

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