Robert Martin Co. v. Town of Greenburgh , 543 N.Y.S.2d 389 ( 1989 )

Motion for leave to appeal dismissed as untimely; the time to move for leave to appeal ran from date of service, with notice of entry, of the original judgment, not the amended judgment as there was no material change in the amended judgment (see, Cohen and Karger, Powers of the New York Court of Appeals § 104, at 436-437).