Herkimer County Indus. Dev. Agency v Village of Herkimer
2011 NY Slip Op 03747 [84 AD3d 1709]
May 6, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 6, 2011


Herkimer County Industrial Development Agency, Plaintiff, v Village of Herkimer, Respondent, and County of Herkimer, Appellant. (Appeal No. 3.)

—[*1] Robert J. Malone, County Attorney, Herkimer (Lorraine H. Lewandrowski of counsel), for defendant-appellant.

Longstreet & Berry, LLP, Syracuse (Michael Longstreet of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered May 11, 2010. The order denied the motion of defendant County of Herkimer for relief pursuant to 22 NYCRR 202.48 (b).

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Centra, Sconiers, Gorski and Martoche, JJ.