| HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY V VILLAGE OF HERKIMER AND COUNTY OF HERKIMER |
| Motion No: CA 13-02122 |
| Slip Opinion No: 2014 NY Slip Op 63268(U) |
| Decided on February 5, 2014 |
| 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 13-02122
| HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY,
PLAINTIFF-RESPONDENT, V VILLAGE OF HERKIMER, DEFENDANT-APPELLANT, AND COUNTY OF HERKIMER,
DEFENDANT-RESPONDENT. |
Appellant 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, 2013,
Now, upon reading and filing the affirmation of Martha L. Berry, Esq., dated January 10, 2014, the notice of motion with proof of service thereof, and the affidavit of Larraine H. Lewandrowski, Esq., sworn to January 22, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before April 7, 2014.
Entered: February 5, 2014
Frances E. Cafarell, Clerk