| LARRY PLAC V VILLAGE OF ILION AND COUNTY OF HERKIMER |
| Motion No: CA 11-01616 |
| Slip Opinion No: 2013 NY Slip Op 62401(U) |
| Decided on January 18, 2013 |
| 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 11-01616
| LARRY PLAC, PLAINTIFF-APPELLANT, V VILLAGE OF
ILION AND COUNTY OF HERKIMER, DEFENDANTS-RESPONDENTS. |
Appellant having moved for permission to file a revised record on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on April 27, 2011, and for other relief,
Now, upon reading and filing the affidavit of Larry Plac sworn to December 27, 2012, the notice of motion with proof of service thereof, and the affidavit of Stephen M. Groudine, Esq., sworn to January 2, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: January 18, 2013
Frances E. Cafarell, Clerk