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BARIE v. LAVINE

46 A.D.2d 827 (1974)

Donna Barie, on Behalf of Herself and All Other Persons Similarly Situated, Petitioner, v. Abe Lavine, as Commissioner of New York State Department of Social Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 21, 1974

Motion to dismiss appeal of respondent Fahey as untimely taken, granted, without costs.

The notice of entry contained in petitioner's letter of June 28, 1974, which accompanied the judgment sought to be appealed, was sufficient to satisfy the requirement of CPLR 5513 (subd. [a]) (S. Cremona & Co. v. Dell, 6 A.D.2d 719, mot. for lv. to app. dsmd. 5 N.Y.2d 843

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