HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY V VILLAGE OF HERKIMER COUNTY OF HERKIMER
Motion No: CA 13-02122
Slip Opinion No: 2013 NY Slip Op 95511(U)
Decided on December 30, 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.


December 30, 2013

DOCKET NO. CA 13-02122

HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY,

PLAINTIFF-RESPONDENT,

V

VILLAGE OF HERKIMER, DEFENDANT-APPELLANT,

COUNTY OF HERKIMER, DEFENDANT-RESPONDENT.


Respondent having moved to dismiss 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, 2013, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Lorraine H. Lewandrowski, Esq., sworn to December 4, 2013, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: December 30, 2013

Frances E. Cafarell, Clerk