| IN THE MATTER OF COUNTY OF HERKIMER V VILLAGE OF HERKIMER |
| Motion No: CA 12-02254 |
| Slip Opinion No: 2012 NY Slip Op 94152(U) |
| Decided on December 19, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-02254
| IN THE MATTER OF COUNTY OF HERKIMER,
PETITIONER-RESPONDENT, V VILLAGE OF HERKIMER, RESPONDENT-APPELLANT. |
Petitioner having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on August 23, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Lorraine H. Lewandrowski, Esq., sworn to December 5, 2012, the affidavit of Bernard E. Decker sworn to December 5, 2012, the notice of motion with proof of service thereof, and the affirmation of Martha L. Berry, Esq, dated December 11, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 19, 2013.
Entered: December 19, 2012
Frances E. Cafarell, Clerk