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PARK E. CORP. v. WHALEN

38 N.Y.2d 559 (1976)

In the Matter of Park East Corporation et al., Petitioners, and Park East Hospital et al., Intervenors-Respondents, v. Robert P. Whalen, as Acting Commissioner of Health of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided January 15, 1976.

MEMORANDUM.

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...

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