BEERS v. COUNTY OF ERIE


229 A.D.2d 1024 (1996)

646 N.Y.S.2d 461

Merle O. Beers, as Executor of Carol Jean Beers, Deceased, Appellant, v. County of Erie, Defendant, and Donald Copley et al., Respondents

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

July 12, 1996


Motion to dismiss appeal denied.

Memorandum:

The time to take an appeal does not begin to run until the order is served on the appellant with notice of entry (see, CPLR 5513 [a]). That plaintiff might have received a copy of the order from the court does not alter defendants' obligation to enter the order and to serve it on plaintiff, with notice...

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