RAG Herkimer, LLC v Herkimer County
2022 NY Slip Op 04853 [208 AD3d 1016]
August 4, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 5, 2022


[*1]
 Rag Herkimer, LLC, Appellant,
v
Herkimer County, Respondent. (Appeal No. 1.)

Longstreet & Berry, LLP, Fayetteville (Michael J. Longstreet of counsel), for plaintiff-appellant.

The West Firm, PLLC, Albany (Christopher W. Rust of counsel), for defendant-respondent.

Appeal from a decision of the Supreme Court, Herkimer County (Charles C. Merrell, J.), entered July 28, 2021, in a proceeding pursuant to Eminent Domain Procedure Law. The decision, among other things, determined the fair market value of certain real property.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in RAG Herkimer, LLC v Herkimer County ([appeal No. 2] 208 AD3d 1016 [4th Dept 2022]). Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Winslow, JJ.