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

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

Motion No: CA 12-00086

Slip Opinion No: 2012 NY Slip Op 63659(U)

Decided on February 3, 2012

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.

February 3, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-00086
DOCKET NO. CA 12-00087
DOCKET NO. CA 12-00088

VILLAGE OF ILION, VILLAGE OF HERKIMER,
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, DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANTS.
(APPEAL NO. 1.)
VILLAGE OF ILION, VILLAGE OF HERKIMER, 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, ET AL., DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANTS.
(APPEAL NO. 2.)
VILLAGE OF ILION, VILLAGE OF HERKIMER,
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, ET AL., DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANTS.
(APPEAL NO. 3.)

Respondent the County of Herkimer having moved to dismiss the appeals of the Village of Herkimer taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on June 17, 2011 (appeal No. 1), and September 21, 2011 (appeal Nos. 2 and 3), on the ground that the Village of Herkimer has failed to perfect timely its appeals,

Now, upon reading and filing the affidavit of Albert J. Millus, Jr., Esq., sworn to January 11, 2012, the notice of motion with proof of service thereof, and the affirmation of Martha L. Berry, Esq., dated January 26, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before April 2, 2012.

Entered: February 3, 2012

Frances E. Cafarell, Clerk