| LARRY PLAC V VILLAGE OF ILION AND COUNTY OF HERKIMER |
| Motion No: CA 11-01616 |
| Slip Opinion No: 2014 NY Slip Op 72851(U) |
| Decided on May 20, 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 11-01616
| LARRY PLAC, PLAINTIFF-APPELLANT, V VILLAGE OF
ILION AND COUNTY OF HERKIMER, DEFENDANTS-RESPONDENTS. |
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 April 27, 2011,
Now, upon reading and filing the affidavits of Larry Plac received April 21, 2014, and May 9, 2014, the notice of motion with proof of service thereof, the affidavit of Stephen M. Groudine, Esq., sworn to April 23, 2014, and the affidavit of Daniel A. Burgess, Esq., sworn to April 30, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: The motion is untimely.
Entered: May 20, 2014
Frances E. Cafarell, Clerk