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: NOS. 608-609/09

Slip Opinion No: 2009 NY Slip Op 85831(U)

Decided on October 2, 2009

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 2, 2009

PRESENT: HURLBUTT, J. P., CENTRA, PERADOTTO, GREEN, AND GORSKI, JJ.

MOTION NOS. 608-609/09
DOCKET NOS. CA 08-01700 AND CA 08-02120

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
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 for reargument or clarification of the orders of this Court entered June 5, 2009,

Now, upon reading and filing the affirmation of Thomas F. Gleason dated July 9, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Albert J. Millus, Jr. sworn to July 17, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: October 2, 2009

Patricia L. Morgan, Clerk