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FUNK v. BARRY

89 N.Y.2d 364 (1996)

675 N.E.2d 1199

653 N.Y.S.2d 247

Charles R. Funk, Appellant, v. Mark Barry et al., Respondents.

Court of Appeals of the State of New York.

Decided December 19, 1996.

Attorney(s) appearing for the Case

Bruce F. Freeman, Pittsford, and Donn A. DiPasquale for appellant.

Osborn, Reed, Burke & Tobin, LLP, Rochester (Frank G. Montemalo of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, SMITH, LEVINE and CIPARICK concur; Judge BELLACOSA taking no part.

TITONE, J.

The question presented for our review is whether the 60-day time limit for the submission of proposed judgments for signature contained in 22 NYCRR 202.48 applies where the court's decision contains no direction to submit or settle the order. We resolve a conflict among the Appellate Division Departments and conclude that the 60-day period applies only where the court explicitly directs that the proposed...

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