Because the order appealed from is appealable as of right (see CPLR 5701 [a] [2]), plaintiff should have served and filed a notice of appeal instead of moving for leave to appeal. When the motion for leave to appeal was denied, in order to take advantage of the tolling provision provided in CPLR 5514 (a), plaintiff should have served and filed a notice of appeal within the time set forth in CPLR 5513 (a), computed from the date
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RETAMOZZO v. QUINONES
Nos. 7695N, 113920/09.
95 A.D.3d 652 (2012)
945 N.Y.S.2d 22
2012 NY Slip Op 3888
ARMAND RETAMOZZO, Appellant, v. JASON QUINONES et al., Respondents, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 17, 2012.
Decided May 17, 2012.
Appellate Division of the Supreme Court of New York, First Department.
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