Apart from to say vs. Apart from saying

[Sitifan]

1. Merrill Lynch has declined to comment on any aspect of this article, apart from to say that “as is our standard policy, we are cooperating with the authorities”.
2. Merrill Lynch has declined to comment on any aspect of this article, apart from saying that “as is our standard policy, we are cooperating with the authorities”.

Which of the above sentences is acceptable?
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Thank you very much for your reply.

[Ralf]

Hi sitifan,

You can use the first one, but to my ears the second one sounds more natural.
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[Yankee]

Hi Sitifan

I agree with Ralf that "apart from saying" sounds more natural.

However, there is something else you might want to take into consideration in that sentence: parallel structure.
In other words, the structural balance that "to comment" and "to say" would achieve.

It seems to me that using 'apart from' more or less forces the use of the gerund (saying). However, this can be easily remedied simply by using the word 'except' instead:
1. Merrill Lynch has declined to comment on any aspect of this article except to say that “as is our standard policy, we are cooperating with the authorities”.
.