VILLAGE OF ILION VILLAGE OF HERKIMER VILLAGE OF FRANKFORT, AND TOWN OF FRANKFORT, AS MUNICIPAL CORPORATIONS AND ON

VILLAGE OF ILION VILLAGE OF HERKIMER VILLAGE OF FRANKFORT, AND TOWN OF FRANKFORT, AS MUNICIPAL CORPORATIONS AND ON

Motion No: CA 08-01700

Slip Opinion No: 2008 NYSlipOp 83918(U)

Decided on September 22, 2008

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

September 22, 2008

DOCKET NO. CA 08-01700

VILLAGE OF ILION, VILLAGE OF HERKIMER, VILLAGE OF
FRANKFORT, AND TOWN OF FRANKFORT, AS MUNICIPAL CORPORATIONS
AND ON BEHALF OF THEIR CONSTITUENT TAXPAYERS,
PLAINTIFFS-APPELLANTS,
V
COUNTY OF HERKIMER, INDIVIDUALLY AND AS ADMINISTRATOR OF
THE HERKIMER COUNTY SELF-INSURANCE PLAN, VILLAGE OF
DOLGEVILLE, VILLAGE OF MIDDLEVILLE, VILLAGE OF MOHAWK,
VILLAGE OF WEST WINFIELD, TOWN OF COLUMBIA, TOWN OF DANUBE,
TOWN OF GERMAN FLATS, TOWN OF HERKIMER, TOWN OF LITCHFIELD,
TOWN OF LITTLE FALLS, TOWN OF MANHEIM,
TOWN OF NEWPORT, TOWN OF STARK, TOWN OF WARREN, TOWN OF
WINFIELD, AND CITY OF LITTLE FALLS, DEFENDANTS-RESPONDENTS.

Respondent County of Herkimer having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on March 31, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Albert J. Millus, Jr. sworn to June 8, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Richard C. Reilly dated September 15, 2008,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before November 21, 2008.

Entered: September 22, 2008

JoAnn M. Wahl, Clerk