| IN THE MATTER OF COUNTY OF HERKIMER V VILLAGE OF HERKIMER |
| Motion No: CA 16-00672 |
| Slip Opinion No: 2016 NY Slip Op 73982(U) |
| Decided on May 9, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00672
| IN THE MATTER OF COUNTY OF HERKIMER, PETITIONER-RESPONDENT, V
VILLAGE OF HERKIMER, RESPONDENT-APPELLANT. |
Petitioner-respondent 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 February 2, 2016, on the ground that appellant failed to perfect timely the appeal, and having moved to expedite the appeal,
Now, upon reading and filing the affirmation of Thomas S. West, Esq., dated April 25, 2016, the notice of motion with proof of service thereof, and the affirmation of Michael J. Longstreet, Esq., dated May 3, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 8, 2016, and
It is further ORDERED that the motion insofar as it seeks to expedite the appeal is dismissed as premature (see 22 NYCRR 1000.10).
Entered: May 9, 2016
Frances E. Cafarell, Clerk