VILLAGE OF ILION VILLAGE OF HERKIMER VILLAGE OF FRANKFORT, AND TOWN OF FRANKFORT, AS MUNICIPAL CORPORATIONS AND ON
Motion No: NOS. CA 08-01700 AND CA 08-02120
Slip Opinion No: 2008 NYSlipOp 86992(U)
Decided on October 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.


October 22, 2008

PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND GREEN, JJ.

DOCKET NOS. CA 08-01700 AND CA 08-02120
DOCKET NOS. CA 08-01700 AND CA 08-02120PAGE 2

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.

(APPEAL NO. 1.)


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, DEFENDANT-RESPONDENT,

ET AL., DEFENDANTS.

(APPEAL NO. 2.)

Appellants having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on March 31, 2008 and August 27, 2008, and for a stay of that part of the order entered August 27, 2008 that directed an inquest on damages pending determination of the appeals,

Now, upon reading and filing the affirmation of Thomas F. Gleason dated October 8, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Albert J. Millus, Jr. sworn to October 17, 2008, and due deliberation having been had thereon,

PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND GREEN, JJ.


It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeals from the orders entered March 31, 2008 and August 27, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the inquest on damages is hereby stayed pending the hearing and determination of the appeals taken herein.

Entered: October 22, 2008

JoAnn M. Wahl, Clerk