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Beers v. County of Erie

229 A.D.2d 1024 Court N.Y. App. Div. Decision date 1996-07-12 English

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p. 1024
Merle O. Beers, as Executor of Carol Jean Beers, Deceased, Appellant, v County of Erie, Defendant, and Donald Copley et al., Respondents.
[646 NYS2d 461]

—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 of entry. Present—Pine, J. P., Law-ton, Balio, Davis and Boehm, JJ.