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MATTER OF RYE TOWN/KING CIVIC ASS'N v. TOWN OF RYE

56 N.Y.2d 985 (1982)

In the Matter of Rye Town/King Civic Association et al., Appellants, v. Town of Rye, Respondent. Atrium Associates, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided June 17, 1982.

Attorney(s) appearing for the Case

J. Henry Neale, Jr., for appellants.

Daniel J. Pykett for respondent.

Daniel G. Donovan for intervenor-respondent.

MEMORANDUM.

The motion for leave to appeal should be dismissed as untimely.

A party who has mistaken the method for obtaining appellate review is entitled to a 30-day extension of time within which to pursue the proper method of appeal (CPLR 5514, subd [a]). In such circumstances, however, an adverse party who initially did not either appeal as of right under CPLR 5513 (subd [a]), or move for leave to appeal under...

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