| HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY V VILLAGE OF HERKIMER AND COUNTY OF HERKIMER |
| Motion No: CA 10-00573 |
| Slip Opinion No: 2010 NY Slip Op 80650(U) |
| Decided on August 20, 2010 |
| 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. |
PRESENT: SCUDDER, P. J., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 10-00573
| HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, PLAINTIFF, V
VILLAGE OF HERKIMER, DEFENDANT-RESPONDENT, AND COUNTY OF HERKIMER, DEFENDANT-APPELLANT. |
Plaintiff having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on June 17, 2009,
Now, upon reading and filing the affidavit of Michael H. Stephens, Esq. sworn to July 6, 2010, the notice of motion with proof of service thereof, the affidavit of Martha L. Berry, Esq. sworn to July 16, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that plaintiff perfect the appeal on or before September 3, 2010, and
It is further ORDERED that all briefs in response to plaintiff's appeal, if any, shall be filed and served on or before October 4, 2010, and
It is further ORDERED that plaintiff's reply brief, if any, shall be filed and served on or before October 19, 2010, and
It is further ORDERED that the appeal is removed from the Court's day calendar for October 18, 2010, and placed on the Court's calendar for the term commencing November 29, 2010.
Entered: August 20, 2010
Patricia L. Morgan, Clerk