| HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY V VILLAGE OF HERKIMER, - . (ACTION NO. 1.) IN THE MATTER OF HERKIMER |
| Motion No: CA 18-01072 |
| Slip Opinion No: 2018 NY Slip Op 76565(U) |
| Decided on June 28, 2018 |
| 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 18-01072
| HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY,
PLAINTIFF-APPELLANT, V VILLAGE OF HERKIMER, DEFENDANT-RESPONDENT, ET AL., DEFENDANT. (ACTION NO. 1.) IN THE MATTER
OF HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER, V VILLAGE OF HERKIMER, RESPONDENT-RESPONDENT, ET AL.,
DEFENDANT. (ACTION NO. 2.) |
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 March 9, 2018, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael Longstreet, Esq., sworn to June 6, 2018, the notice of motion with proof of service thereof, and the affirmation of Charles W. Malcomb, Esq., dated June 21, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 31, 2018.
Entered: June 28, 2018
Mark W. Bennett, Clerk